Judgment_paragraph 52 · International Power plc, British Coal Corporation, PowerGen (UK) plc and Commission of the European Communities v National Association of Licensed Opencast Operators (NALOO) (C-172/01 P, C-175/01 P, C-176/01 P, C-180/01 P)

52In that regard, it need only be noted that in order to comply with the judgment under appeal the Commission would be obliged to conduct a fresh examination of the 1994 complaint. It is possible that at the end of that examination the Commission would adopt a measure disadvantageous to IP, BC and PG, which could then run the risk of being exposed to an action for damages before the national courts.