8The Court of First Instance went on to state (paragraphs 24, 25 and 26) that that approach emerged from the case-law of the Court of Justice to the effect that pleas based on the unlawfulness of a competition notice which was not challenged in due time were admissible if they concerned the statement of the reasons for the implementing decision which was being challenged. In that context the Court of First Instance cited especially the judgments of the Court of Justice in Adams ν Commission (Case 294/84 [1986] ECR 977), Sergio and Others ν Commission (Cases 64/86, 71/86, 72/86, 73/86 and 78/86 [1988] ECR 1399) and Simonella ν Commission (Case 164/87 [1988] ECR 3807), as well as that of the Court of First Instance in De Persio ν Commission (Case T-50/91 [1992] ECR II-2365).
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