CASE COMMENT: STATE AIDS - ACTION FOR FAILURE TO ACT - PRINCIPLE OF SOUND ADMINISTRATION - TIME LIMIT

Time limit: The CFI holds that the European Commission cannot prolong indefinitely its preliminary investigation (Air One)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CFI, 10 May 2006, Air One SpA v. Commission, Case T-395/04 The rights that complainants can invoke against the Commission are always delicate to define and implement in the State aid control procedure which normally brings the Commission and the Member State in question into contact. The Court of First Instance, under the control of the Court of Justice, has laid down the principles in thoughtful and nuanced formulations, in particular, but not only, in the examination on the merits of actions for failure to act brought by complainant undertakings. The judgment of 10 May 2006 is in line with well-established case-law in the judgments of the Court of

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Jean-Yves Chérot, Time limit: The CFI holds that the European Commission cannot prolong indefinitely its preliminary investigation (Air One), 10 May 2006, Concurrences N° 3-2006, Art. N° 1682, pp. 123-124

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