UNDER ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE , THE REMAINDER OF THE PROCEEDINGS RELATING TO THE OBJECTION RAISED IS TO BE ORAL UNLESS THE COURT DECIDES OTHERWISE . IN THIS CASE , THE COURT CONSIDERS THAT IT HAS SUFFICIENT INFORMATION AND THAT THERE IS THUS NO NEED TO OPEN THE ORAL PROCEDURE .
THE CONCLUSIONS IN THE APPLICATION REFER EXPRESSLY AND EXCLUSIVELY TO COUNCIL REGULATION NO 1698/85 OF 19 JUNE 1985 .
FURTHERMORE , THE COURT OBSERVES THAT THE COMMISSION ' S ROLE IS SITUATED IN THE CONTEXT OF THE COUNCIL ' S DECISION-MAKING PROCESS . IT APPEARS FROM THE PROVISIONS OF COUNCIL REGULATION NO 2176/84 OF 23 JULY 1984 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( OFFICIAL JOURNAL 1984 , L 201 , P . 1 ), ON THE BASIS OF WHICH THE REGULATION AT ISSUE WAS ADOPTED , THAT THE COMMISSION IS RESPONSIBLE FOR CARRYING OUT THE INVESTIGATIONS AND FOR DECIDING , ON THE BASIS OF THOSE INVESTIGATIONS , WHETHER TO TERMINATE THE PROCEEDINGS OR TO CONTINUE THEM BY ADOPTING PROVISIONAL MEASURES AND BY PROPOSING THAT THE COUNCIL ADOPT DEFINITIVE MEASURES . HOWEVER , THE POWER OF DECISION BELONGS TO THE COUNCIL , WHICH MAY REFRAIN FROM TAKING ANY DECISION AT ALL IF IT DISAGREES WITH THE COMMISSION OR MAY , ON THE CONTRARY , ADOPT A DECISION ON THE BASIS OF THE LATTER ' S PROPOSALS .
CONSEQUENTLY , THE APPLICATION IS INADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST THE COMMISSION .
ON THOSE GROUNDS ,
THE COURT
HEREBY ORDERS :
( 1 ) THE APPLICATION IS DISMISSED AS INADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST THE COMMISSION . ( 2)THE APPLICANT SHALL PAY THE COSTS OCCASIONED BY THE OBJECTION OF INADMISSIBILITY RAISED BY THE COMMISSION IN PURSUANCE OF ARTICLE 91 OF THE RULES OF PROCEDURE . LUXEMBOURG , 15 OCTOBER 1986 .
