Judgment_paragraph 46 · Télévision française 1 SA (TF1) v Commission of the European Communities (T-17/96)

46Next, the Commission argues that this part of the action is inadmissible in any event because the wide discretion it enjoys in implementing Article 90 of the Treaty excludes any obligation on its part to take action. It follows that legal or natural persons who request it to act under Article 90(3) of the Treaty do not have the right to bring an action against a decision of the Commission refusing to use its powers or against its failure to use its powers (judgment in Case T-32/93 Ladbroke Racing v Commission [1994] ECR II-1015; order in Case T-84/94 Bilanzbuchhalter v Commission [1995] ECR II-101).

Télévision française 1 SA (TF1) v Commission of the European Communities (T-17/96)

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