Judgment_paragraph 327 · CMA CGM and Others v Commission of the European Communities (T-213/00)

327Senator Lines submits on its own behalf that the adoption of the contested decision more than six years after the statement of objections was sent constitutes a breach of the principle of the protection of legitimate expectations. It emphasises the fact that the Commission suddenly changed its opinion after giving the FETTCSA parties to understand that it was minded to bring the administrative procedure to a close, in particular if they could agree to abide by certain legal principles relevant to the case. Senator Lines also stresses that the Commission remained inactive for a long time after sending the statement of objections. It maintains that it is a principle of Community law that institutions are bound by their own declarations as to the conduct they will adopt in the future, inasmuch as these declarations may give rise to legitimate expectations on the part of the economic operators concerned (Case 81/72 Commission v Council [1973] ECR 575, paragraph 10, and Joined Cases 63/84 and 147/84 Finsider v Commission [1985] ECR 2857, paragraphs 20 and 21). It is also clear from the case-law of the Court of Justice that the passage of time may give rise to legitimate expectations (Case 223/85 RSV v Commission [1987] ECR 4617).