41BEUC emphasises the fact that the Court of Justice itself has recognised the importance of express recognition of a right by a Community measure of general scope. In its judgment in Case C-170/89 BEUC v Commission [1991] ECR I-5709, paragraph 30, it refused to uphold BEUC's application for access to a non-confidential file in an antidumping proceeding, on the ground that there was no express provision in the basic regulation applicable at the time (Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidised imports from countries not members of the European Economic Community (OJ 1988 L 209, p. 1, hereinafter ‘Regulation No 2423/88’)) granting such a right of access to consumer organisations. The Court of Justice did, however, state that it was for ‘the Community legislature to consider whether the basic antidumping regulation should grant an association representing the interests of consumers the right to consult the non-confidential file.’
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