47That finding is not invalidated by the Commissions argument that annulment of the contested provisions of the Decision by the Court of First Instance would place O2 in a situation of legal uncertainty in so far as a new decision on the notification could not be taken since that procedure, provided for in Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles [81] and [82] of the Treaty (OJ, English Special Edition 1959-1962, p. 87), no longer exists under Regulation No 1/2003 which is now applicable.
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