CASE COMMENT: STATE AIDS - FAILURE TO CONDUCT A DILIGENT INVESTIGATION - INITIAL INVESTIGATION - REASONABLE PERIOD

Reasonable period: The CFI holds that the mere adoption of a decision after the expiry of a reasonable period is not in itself sufficient to render unlawful a decision taken by the European Commission following a preliminary examination under Art. 88.3 EC (Empresarios de Estaciones de Servicio)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CFI, 12 December 2006, Asociación de Empresarios de Estaciones de Servicio de la Comunidad Autónoma de Madrid a.o. v. Commission, Case T-95/03 By its decision of 12 December 2006 in Case T-95/03, the Court of First Instance adjudicated for the first time in State aid proceedings (see, however, in the context of an urgent procedure, the order of the President of the CFI of 1 August 2003 in Case T-378/02 [2003] ECR I-1471, p. 2). II-2921) that the mere fact that the Commission adopted a decision not to raise objections at the end of the preliminary examination of a State measure in breach of its obligation to act diligently, beyond a reasonable time, is not

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Jean-Yves Chérot, Reasonable period: The CFI holds that the mere adoption of a decision after the expiry of a reasonable period is not in itself sufficient to render unlawful a decision taken by the European Commission following a preliminary examination under Art. 88.3 EC (Empresarios de Estaciones de Servicio), 12 December 2006, Concurrences N° 1-2007, Art. N° 12753, p. 123

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