27It should be recalled that it is settled case-law 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 act within the meaning of Article 265 TFEU, it was under a duty to act (judgments of 15 September 1998, Gestevisión Telecinco v Commission, T‑95/96, EU:T:1998:206, paragraph 71; of 19 May 2011, Ryanair v Commission, T‑423/07, EU:T:2011:226, paragraph 25; and of 29 September 2011, Ryanair v Commission, T‑442/07, not published, EU:T:2011:547, paragraph 28).
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