43In a second stage, if the Member State, despite the reminder issued to it, does not provide the information requested within the prescribed period, the Commission, in accordance with Article 10(3) of Regulation No 659/1999, ‘shall by decision require the information to be provided’. Consequently, the second stage of the procedure is represented by the adoption of a ‘decision’ within the meaning of Article 288 TFEU by the Commission, which, moreover, that institution does not deny.
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