Judgment_paragraph 117 · SP SpA and Others v Commission of the European Communities (T-27/03, T-46/03, T-58/03, T-79/03, T-80/03, T-97/03, T-98/03)

117It should nevertheless be pointed out that the question of the competence of an institution precedes the question of the applicable substantive and procedural rules. After having first determined that an institution is competent to adopt a measure on the basis of a specific provision of the Treaty or of secondary law, the second step is to determine the applicable substantive and procedural rules, in conformity with the principles governing the succession of legal rules.

SP SpA and Others v Commission of the European Communities (T-27/03, T-46/03, T-58/03, T-79/03, T-80/03, T-97/03, T-98/03)

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