English Translation

(b) The Court of Justice of the European Communities held that the Court of First Instance had failed to fulfil its obligations under Article 85 of the EEC Treaty, and that, in the light of the Court's judgment, the Court held that, by failing to adopt a decision on the application of Article 85(3) of the EC Treaty, the Commission had failed, in so far as it had not failed to comply with Article 85(1) of the Treaty, to adopt, within the prescribed period, the provisions of Article 86 of the ECSC Treaty and Article 85(2) of the EAEC Treaty.