61Even if in some cases the Community judicature has allowed pleas in law to be raised by means of a reference to another case (Forges de Thy-Marcinelle et Monceau v Commission, paragraph 42 supra, and Marcato v Commission, paragraph 40 above), it has refused to do so in others (see Charbonnages de Beeringen and Others v High Authority, paragraph 59 above, and Prakash v Commission, paragraph 59 above) without however indicating at least explicitly, a decisive criterion for the exercise of that choice.
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