35First, such rules must make provision for a procedure enabling economic operators to have a nutrient included on the national list of authorised substances. The procedure must be one which is readily accessible and can be completed within a reasonable time, and, if it leads to a refusal, the decision of refusal must be open to challenge before the courts (see to that effect Case C-344/90 Commission v France [1992] ECR I-4719, paragraph 9, and today's judgment in Case C-24/00 Commission v France [2004] ECR I-1277, paragraph 26).
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