14Secondly, relying on Joined Cases 8/66, 9/66, 10/66 and 11/66 Cimenteries CBR and Others v Commission [1967] ECR 75 and Case C-47/91 Italy v Commission [1992] ECR I-4145, Ca' Pasta argued that the decision contained in the letter entailed such adverse effects that it should be regarded as a measure open to challenge. In that connection, Ca' Pasta stated that de facto the payment of both the Community aid and the national contribution had been suspended and would remain so for as long as the procedure under Article 47 of Regulation No 4028/86 was pending, with detrimental effect as far as it was concerned. Thus the letter at issue amounted to an implied decision not to accede to the request for payment of the second instalment of the Community aid and the instalment payable on completion of the works.
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