6On 2 April 1992 ICI lodged a ‘supplement to its reply’ in which it put forward a new plea in law to the effect that the decision at issue should be declared nonexistent. Referring to two press articles which had appeared in the Wall Street Journal of 28 February 1992 and in the Financial Times of 2 March 1992, it submitted inter alia that the Commission had publicly stated that for years the practice of the college of Commissioners was not to authenticate acts adopted by it and that no decision in the past 25 years had been authenticated. Those statements by the Commission referred to actions then pending before the Court of First Instance challenging a Commission Decision finding that there was a cartel in the polyvinylchloride sector (hereinafter ‘the PVC decision’) and on which the Court of First Instance had given judgment in Joined Cases T-79/89, T-84/89, T-85/89, T-86/89, T-89/89, T-91/89, T-92/89, T-94/89, T-96/89, T-98/89, T-102/89 and T-104/89 BASF and Others v Commission [1992] ECR II-315.
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