Judgment_paragraph 32 · Estabelecimentos Isidoro M. Oliveira SA v Commission of the European Communities (T-73/95)

32Having regard to those considerations, the Court of First Instance observes first of all that the judgment of the Court of Justice in Case C-304/89 had the legal effect of negating ab initio both the final decision taken by the Commission in June 1989 on the applicant's application for final payment and the reconstruction of the events leading up to that decision. The Commission was therefore obliged to re-examine the file and take a fresh decision on the applicant's application for final payment. In so doing, it was required to take account of all factual and legal information available at that time. The Commission's obligation to apply due diligence in the decision-making process and to adopt its decision on the basis of all information which might have a bearing on the result derives in particular from the principles of sound administration and equal treatment. In those circumstances, the Commission cannot be criticized for resuming its inquiries and compiling a complete file.