52It is true that, having initiated the investigation procedure in April 1996, the Commission had a duty, in accordance with the principle of sound administration, to adopt a definitive decision within a reasonable period from receipt of the observations of the Member State concerned, any interested parties and possibly other Member States. If the duration of the investigation procedure is excessive it is likely to make it more difficult for the Member State concerned to refute the Commission's arguments, thus infringing the rights of the defence (see, in particular, in relation to the pre-litigation procedure provided for in Article 226 EC, Case C-207/97 Commission v Belgium [1999] ECR I-275, paragraph 25).
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