Judgment_paragraph 87 · Sumitomo Chemical Co. Ltd and Sumika Fine Chemicals Co. Ltd v Commission of the European Communities (T-22/02, T-23/02)

87It should be noted in that regard that it is not for the Community Courts to fix the time-limits, scope or detailed rules for the application of the limitation period in respect of an infringement, whether generally or in relation to specific cases of which they are seised. It is however clear from the case-law of the Court of Justice that the absence of legislative limitation does not preclude censure of the Commission's action, in a specific case, in the light of the principle of legal certainty. According to the Court of Justice, in the absence of any provision laying down a limitation period, the fundamental requirement of legal certainty has the effect of preventing the Commission from indefinitely delaying the exercise of its powers (Geigy v Commission, paragraph 21; Falck and Acciaierie di Bolzano v Commission, paragraph 140; International Power and Others v NALOO, paragraph 107; Case C-372/97 Italy v Commission [2004] ECR I-3679, paragraph 116; and Case C-298/00 P Italy v Commission [2004] ECR I-4087, paragraph 90).