20While the Commission enjoys a wide discretion both in relation to the action which it considers necessary to be taken and in relation to the means appropriate for that purpose (see, in particular, the judgment in Bundesverband der Bilanzbuchhalter ν Commission, cited above, paragraph 27), the Court of First Instance pointed out, in paragraphs 55 to 57 of the judgment under appeal, that, in so far as the Commission is required to undertake a diligent and impartial examination of a complaint, compliance with that obligation does not, however, mean that its decision on whether or not to take action pursuant to that complaint can avoid being amenable to the same judicial review as that in cases where infringements have been established in the areas covered by Articles 85 and 86 of the Treaty (see, in particular, Case 26/76 Metro ν Commission [1977] ECR 1875, paragraph 13). The Court of First Instance also cited point 97 of the Opinion of Advocate General Mischo in Commission and France ν TF1, cited above, to the effect that the same must apply in regard to infringements of Article 90(3) of the Treaty. The Court of First Instance stated further that such judicial review is also one of the general principles that are common to the constitutional traditions of the Member States, as is confirmed by Article 47 of the Charter of Fundamental Rights.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.