71In order to rule on the substance of the claim for a declaration that the Commission has failed to act, it is necessary to determine whether, at the time when the Commission was formally called upon to define its position within the meaning of Article 175 of the Treaty, it was under a duty to act (orders of the Court of First Instance in Case T-126/95 Dumez v Commission [1995] ECR II-2863, paragraph 44 and Case T-286/97 Goldstein v Commission [1998] ECR II-2629, paragraph 24).
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