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action for failure Advocate-General annulment appeal application Article 169 Article 173 Article 86 basis Brasserie de Haecht BTA's capital CMLR Commission's Committee Common Market community law Company company law competition concerned conclusion Conference consideration considered contract Convention Council of Europe Court of Justice damages decision defect defendant direct domicile dominant position E.C. Commission economic ECSC effects doctrine enforcement English law environment environmental Euratom European Economic Community failure to act German Government harmonization High Authority Human Rights important individual institutions international law Italy Judicial Remedies July jurisdiction manufacturer measures Member ment Monopolies Commission national courts negligence obligation opinion Petrofina plaintiff preliminary ruling procedure proceedings products liability protection provisional validity question reason regard Regulation 17 request retailer SABAM shareholder solus strict liability subsidiary supra note territorial principle tion tort trade undertakings Valentine violation warranty Zoja