Judgment_paragraph 83 · Région Nord-Pas-de-Calais and Communauté d’agglomération du Douaisis v European Commission (T-267/08, T-279/08)

83Furthermore, in respect of the NPDC Region’s and the CAD’s allegation of failure to reopen the formal investigation procedure following the withdrawal of the original decision, according to the case-law, the procedure for replacing an illegal measure may thus be resumed at the very point at which the illegality occurred, and the Commission is not required to recommence the procedure by going back further than that precise point (see, to that effect, Case C-458/98 P Industrie des poudres sphériques v Council [2000] ECR I-8147, paragraph 82 and the case-law cited, and Case T-301/01 Alitalia v Commission [2008] ECR II-1753, paragraphs 99 and 142). In the present case, the inadequate statement of reasons which led to the withdrawal of the original decision does not date from the commencement of the procedure, which was not unlawful in any way. Since the Commission had the details it needed for the required new analysis, as far as calculating the risk premium was concerned, through Biria, it therefore had no obligation to recommence the preparatory inquiries in the case.

Région Nord-Pas-de-Calais and Communauté d’agglomération du Douaisis v European Commission (T-267/08, T-279/08)

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