Judgment_paragraph 23 · Salt Union Ltd v Commission of the European Communities (T-330/94)

23Finally, the Commission points out that its review of aid under Article 93(1) is of such an extensive and discretionary nature as not to be actionable. The Commission notes that, according to the case-law, it has a wide power of assessment in exercising its powers under Article 93(1). It refers in particular to the judgment of the Court of Justice in Case C-44/93 N amur-Les Assurances du Crédit v OND [1994] ECR I-3829, paragraphs 11, 15 and 34, in which the Court held that in the exercise of its powers under Article 93(1), the initiative lies with the Commission. The defendant considers that the existence of such a power of assessment is incompatible with the possibility for an individual to bring an action under Article 173. In support of that assertion, the Commission refers, first, to the judgment of the Court of Justice in Case C-87/89 Sonito v Commission [1990] ECR I-1981, at paragraph 6, concerning the Commission's refusal to bring infringement proceedings under Article 169 and, secondly, to the judgment of the Court of First Instance in Case T-32/93 Ladbroke v Commission [1994] ECR II-1015, paragraph 37, concerning a refusal by the Commission to take a decision under Article 90(3) of the Treaty.

Salt Union Ltd v Commission of the European Communities (T-330/94)

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