56It must therefore be held that the Consiglio di Stato was right to refuse to refer to the Court a question concerning the validity of Decision 90/555, a decision which Lucchini could have challenged, but failed to do so, within the period of one month following publication of that decision by virtue of Article 33 of the ECSC Treaty. For those same reasons, Lucchini's request asking the Court in the alternative to determine of its own motion whether that decision is valid cannot be accepted.
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