44In the third place, with regard to the right to judicial protection, the Commission notes that it is required to proceed on the basis of positive law and the consolidated case-law, as results in particular from the judgment in Case T-210/02British Aggregates v Commission [2006] ECR II-2789 (see, also, Case C-50/00 PUnión de Pequeños Agricultores v Council [2002] ECR I-6677, paragraph 40). Thus, in theory, the applicant could refuse to comply with the binding scheme of investment obligations and claim before the national court that that scheme is incompatible with Community law, the onus being on the national court, if necessary, to refer the question of the validity of the Decision to the Court of Justice for a preliminary ruling.