41 In this case, since, on the one hand, assuming it is well founded, Schott Glas’s argument would permit a finding that the Decision is unlawful and, since, on the other hand, the form of order sought by the Commission is the dismissal of the action for annulment and is not supported by arguments seeking a declaration that the Decision is unlawful, it is clear that consideration of that argument would have the effect of altering the framework of the dispute as defined in the application and the defence.
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