52The Court cannot of its own motion raise the question of the possible illegality of the first paragraph of Article 907 of the implementing regulation. Such an illegality is not a matter of public policy (see, to that effect, Case 14/59 Société des fonderies de Pont-à-Mousson v High Authority [1959] ECR 215, at 230). The Court must, as the applicant points out in its reply, indeed establish of its own motion any lack of competence by the party adopting the contested measure. However there is no doubt in the present case that the Commission acted within its powers when it adopted the contested decisions. They were taken on the basis of the first paragraph of Article 907 of the implementing regulation, which was in turn adopted in accordance with the opinion of the Customs Code Committee in conformity with the procedure laid down in Articles 239, 247 and 247a of the code. Furthermore, it does not follow from the case-law that the Court must of its own motion consider whether the Commission exceeded its authority by adopting the substance of the first paragraph of Article 907 of the implementing regulation, the legal basis for the contested decisions. In that regard, Laboratoires Servier v Commission, cited in paragraph 41 above, on which the applicant relies, cannot be of any assistance to the applicant, in that it concerns the lack of competence of the institution which adopted the contested measure and not the lack of competence of the institution which adopted the act on the basis of which the contested measure was taken.
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