35In order to determine whether that is the case in a dispute such as that in the main proceedings, it is necessary to examine the basis of, and the detailed rules applicable to, the action brought by the Commissioners, in the United Kingdom, before the High Court of Justice (see, by analogy, Case C-271/00 Baten [2002] ECR I-10489, paragraph 31, and Case C-266/01 Préservatrice foncière TIARD [2003] ECR I-4867, paragraph 23).
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