Judgment_paragraph 136 · Confederación Española de Transporte de Mercancías (CETM) v Commission of the European Communities (T-55/99)

136The Commission asserts that the length of the administrative procedure was in keeping with the difficulty of the present case and that in any event it is largely attributable to the lack of cooperation on the part of the Spanish authorities, both during the preliminary procedure and during the formal procedure of examining the system at issue. It rejects the parallel drawn by the applicant between the present case and the case which gave rise to the judgment in RSV v Commission, cited in paragraph 117 above. Relying on the judgment of the Court of First Instance in Case T-49/93 SIDE v Commission [1995] ECR II-2501, paragraph 83 et seq, the Commission further submits that when a Member State does not provide it with the information requested it may decide, having regard to the particular circumstances of the case, to wait until it has fuller information before adopting its decision, rather than terminate the procedure and adopt a decision on the compatibility of the aid solely on the basis of the information available to it.

Confederación Española de Transporte de Mercancías (CETM) v Commission of the European Communities (T-55/99)

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