IT HAD DECIDED TO PROCEED NO FURTHER WITH THE MATTER .
12 THE CICCE HAS BROUGHT THIS ACTION AGAINST THE DECISION OF 28 OCTOBER 1983 DISCONTINUING THE PROCEDURE AND AGAINST THE LETTER OF 12 JULY 1983 .
13 BY LETTER DATED 13 JULY 1984 , THE COURT ASKED THE PARTIES TO INFORM IT OF THE AVERAGE AUDIENCE RECORDED IN FRANCE AND IN THE OTHER MEMBER STATES FOR CINEMATOGRAPHIC FILMS BROADCAST ON TELEVISION IN THE SIX MONTHS PRECEDING THE SUBMISSION OF THE CICCE ' S APPLICATION TO THE COMMISSION AND OF THE AVERAGE FILM LICENCE FEE PAID BY PUBLIC AND PRIVATE TELEVISION COMPANIES IN FRANCE AND IN THE OTHER MEMBER STATES IN THAT SAME PERIOD . THE CICCE DID NOT COMPLY WITH THAT REQUEST . THE COMMISSION PROVIDED THE INFORMATION REQUESTED FOR FRANCE BUT STATED THAT IT HAD NO PARTICULARS OF THE SITUATION IN THE OTHER MEMBER STATES .
14 BY THE SAME LETTER OF 13 JULY 1984 , THE COURT ALSO REQUESTED THE COMMISSION TO PROVIDE IT WITH A LIST OF THE LICENCE FEES PAID FOR EACH FILM BROADCAST BY THE FRENCH TELEVISION COMPANIES IN THE SIX MONTHS PRECEDING THE CICCE ' S APPLICATION TO THE COMMISSION . THE LATTER COMPLIED WITH THAT REQUEST .
ADMISSIBILITY OF SOME OF THE SUBMISSIONS MADE IN THE APPLICATION
15 ALTHOUGH THE COMMISSION DOES NOT CONTEST THE ADMISSIBLITY OF THE CICCE ' S ACTION , IT CONTENDS THAT SOME OF THE SUBMISSIONS SET OUT THEREIN ARE INADMISSIBLE .
16 IT CONTENDS THAT WHERE A PERSON HAS MADE AN APPLICATION UNDER ARTICLE 3 ( 2 ) OF REGULATION NO 17 AND SUBSEQUENTLY CONTESTS THE COMMISSION ' S DECISION SUSPENDING THE PROCEDURE WITH RESPECT TO THAT APPLICATION BY BRINGING AN ACTION BEFORE THE COURT IN WHICH HE SEEKS TO HAVE THAT DECISION DECLARED VOID , THE AVENUE OF APPEAL AVAILABLE TO SUCH A PERSON HAS THE SOLE OBJECT OF ENSURING THAT THE DECISION SUSPENDING THE PROCEDURE WAS TAKEN IN THE LIGHT OF THE COMMENTS SUBMITTED BY THAT PERSON PURSUANT TO ARTICLE 6 OF REGULATION NO 99/63/EEC . AS A RESULT , IN THE COMMISSION ' S VIEW , WHERE AN APPLICANT APPEALS AGAINST A DECISION SUSPENDING THE PROCEDURE ONLY SUCH ARGUMENTS AS WERE SET OUT IN THE COMMENTS SUBMITTED PURSUANT TO ARTICLE 6 ARE ADMISSIBLE BEFORE THE COURT .
17 ON THOSE GROUNDS THE COMMISSION ARGUES THAT THE SUBMISSIONS RELATING TO MATTERS WHICH , ALTHOUGH MENTIONED IN THE CICCE ' S ORIGINAL APPLICATION TO THE COMMISSION , WERE NOT ALLUDED TO IN THE COMMENTS SUBMITTED PURSUANT TO ARTICLE 6 OF REGULATION NO 99/62/EEC , ARE INADMISSIBLE .
18 AS TO WHETHER THAT ARGUMENT IS WELL-FOUNDED IT SHOULD BE STATED FIRST AND FOREMOST THAT , AS FAR AS THE PRESENT CASE IS CONCERNED , THE COURT MUST REVIEW THE LEGALITY OF THE DECISION TAKEN BY THE COMMISSION TO DISCONTINUE THE PROCEDURE IN THE CICCE ' S CASE . THAT REVIEW MUST BE EFFECTED INTER ALIA IN THE LIGHT OF THE ELEMENTS OF LAW AND FACT THAT WERE