46It then falls to the national courts to rule on any irregularities that may vitiate such a national act — making a reference to the Court for a preliminary ruling where appropriate — on the same terms as those on which they review any definitive act adopted by the same national authority which is capable of adversely affecting third parties and moreover, in the light of the principle of effective judicial protection, to regard an action brought for that purpose as admissible even if the national rules of procedure do not so provide (see, to that effect, judgments of 3 December 1992, Oleificio Borelli v Commission, C‑97/91, EU:C:1992:491, paragraphs 11 to 13; of 6 December 2001, Carl Kühne and Others, C‑269/99, EU:C:2001:659, paragraph 58; and of 2 July 2009, Bavaria and Bavaria Italia, C‑343/07, EU:C:2009:415, paragraph 57).
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