35First of all, it must be pointed out that it is for the applicant to choose the legal basis of its action and not for the Community judicature itself to choose the most appropriate legal basis (see, to that effect, Case 175/73 Union syndicale and Others v Council [1974] ECR 917, and the order of the Court of First Instance in Case T-148/97 Keeling v OHM [1998] ECR II-2217). It is clear from the examination of the action that the applicant brought it under Article 230 EC. The admissibility of that action must therefore be examined in the light of that provision.
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