20In paragraph 15 of that order the Court of First Instance referred to Case 44/81 Germany and Another v Commission [1982] ECR 1855, paragraph 6, noting that ‘where an institution, by refusing to make a payment, disputes a prior commitment or denies its existence, it commits an act which in view of its legal effects may give rise to an action for annulment under Article 230 EC. If the action leads to the annulment of the refusal to make the payment, the applicant's right is established and it will be for the institution concerned, pursuant to Article 233 EC, to ensure that the payment which has been unlawfully refused is made. Moreover, if an institution fails to reply to a request for repayment, the same result may be obtained by means of Article 232 EC.’
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