25As a preliminary point, it should be noted that in order to rule on the substance of a claim for a declaration that the Commission has failed to act, it is necessary to determine whether, at the time when the Commission was formally called upon to define its position within the meaning of Article 232 EC, it was under a duty to act (orders in Case T-126/95 Dumez v Commission [1995] ECR II-2863, paragraph 44, and in Case T-286/97 Goldstein v Commission [1998] ECR II-2629, paragraph 24, and judgment in Case T-95/96 Gestevisión Telecinco v Commission [1998] ECR II-3407, paragraph 71).
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