Judgment_paragraph 51 · Manel Camós Grau v European Commission (T-309/03)

51In that regard, it is clear from the provisions of Regulation No 1073/1999, in particular the 13th recital in the preamble and Article 9, that the findings of OLAF which are set out in a final report do not lead automatically to the initiation of judicial or disciplinary proceedings, since the competent authorities are free to decide what action to take pursuant to a final report and are accordingly the only authorities having the power to adopt decisions capable of affecting the legal position of those persons in relation to which the report recommended that such proceedings be instigated (order of 13 July 2004 in Case T-29/03 Comunidad Autónoma de Andalucía v Commission [2004] ECR II-2923, paragraph 37).

Manel Camós Grau v European Commission (T-309/03)

Key facts

History · 1 version

Connections