10The Commission did not take a position on the aspects of the complaint directed against the French Republic under Article 90 of the Treaty. Before the Commission adopted the contested decision Ladbroke brought an action for failure to act on the ground that the Commission had failed to exercise the powers conferred on it by Article 90(3) of the Treaty, which was declared inadmissible by the Court of First Instance in its judgment of 27 October 1994 in Case T-32/93 Ladbroke v Commission [1994] ECR II-1015, paragraph 37 (paragraph 10 of the contested judgment).
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