CASE COMMENTS: STATE AIDS – APPEAL – COMMISSION DECISION NOT TO RAISE OBJECTIONS – PRELIMINARY EXAMINATION – SERIOUS DIFFICULTIES – EXISTENCE OF DOUBTS – DURATION OF THE PRELIMINARY EXAMINATION
Duration of the preliminary examination: The Court of Justice rules that the duration of the preliminary examination procedure, whatever its length, cannot by itself lead to the conclusion that the European Commission should have initiated the formal investigation procedure (3F)
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CJEU, 24 January 2013, 3F v Commission, Case C-646/11 P
The judgment of the Court of First Instance of 27 September 2011, 3F v Commission (T-30/03 RENV), had attracted attention on the ground that it reduced "the indication of serious difficulties which the duration of the preliminary examination may constitute to its proper proportions" (Concurrences No. 4-2011, p. 161, obs. B. Stromsky).
Delivered by a panel of three Judges and without
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