Judgment_paragraph 13 · Commission of the European Communities v Italian Republic (C-35/96)

13On 30 June 1993 the Commission adopted Decision 93/438/EEC relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/33.407 — CNSD, OJ 1993 L 203, p. 27), in which it found that the tariff constituted an infringement of Article 85(1) of the Treaty. The CNSD brought an action for annulment of that decision which is at present pending before the Court of First Instance of the European Communities (Case T-513/93), which decided to postpone its examination of the case until the Court had delivered judgment in this case (order of the Court of First Instance of 6 May 1996, not published in the ECR).