British Aggregates Association and Others v European Commission (T-359/04)

Judgment of 9 Sept 2010

law://eu/cjeu/2004/t-359-04/para_58@2026-11-14

58Since the contested decision was adopted without initiating the formal investigation stage, the Commission could adopt it legally only if the preliminary examination did not reveal serious difficulties. If such difficulties existed, the decision could be annulled on that ground alone, because of the failure to initiate the inter partes and detailed examination laid down in the EC Treaty, even if it had not been established that the Commission’s assessments as to substance were wrong in law or in fact.

British Aggregates Association and Others v European Commission (T-359/04)

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