Judgment_paragraph 31 · Satellimages TV 5 SA v Commission of the European Communities (T-95/99)

31The applicant and the French Republic therefore conclude that, taking account of the context in which the contested measure was adopted, that measure constitutes, substantively, a decision rejecting the complaint. Consequently, in accordance with the case-law (Case T-37/92 BEUC and NCC v Commission [1994] ECR II-285, paragraph 34), the Commission should not be allowed to hide behind purely formal expressions in order to avoid review by the Court of First Instance or simply in order to prolong the investigation of a complaint artificially, when the decision to reject it has in reality already been made and cannot possibly be changed.

Satellimages TV 5 SA v Commission of the European Communities (T-95/99)

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