152Such an act may consist, inter alia, of a decision of the adversely affected person, provided, however, that he or she was not obliged to take that decision (see, to that effect, judgments of 16 July 2009, Commission v Schneider Electric, C‑440/07 P, EU:C:2009:459, paragraph 205, and of 13 December 2018, European Union v Gascogne Sack Deutschland and Gascogne, C‑138/17 P and C‑146/17 P, EU:C:2018:1013, paragraph 31).
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