Regione autonoma della Sardegna, SF Turistico Immobiliare Srl, Timsas Srl and Grand Hotel Abi d’Oru SpA v European Commission (T-394/08, T-408/08, T-453/08, T-454/08)

Judgment of 20 Sept 2011

law://eu/cjeu/2008/t-394-08/para_99@2026-11-13

99It is true that the above cannot mean that the Commission is entitled to prolong the preliminary examination stage at its discretion. For example, it has been held that, since it has exclusive jurisdiction to assess the compatibility of State aid with the common market, the Commission must, in the interests of sound administration and the fundamental rules of the Treaty relating to State aid, conduct a diligent and impartial examination of a complaint alleging aid to be incompatible with the common market (see, to that effect, Case C-367/95 P Commission v Sytraval and Brink’s France [1998] ECR I-1719, paragraph 62, and Gestevisión Telecinco v Commission, cited in paragraph 96 above, paragraph 72), and that it cannot therefore prolong indefinitely its preliminary investigation into State measures in relation to which there has been a complaint concerning State aid (Gestevisión Telecinco v Commission, cited in paragraph 96 above, paragraph 74). In accordance with settled case-law, whether or not the duration of an administrative procedure is reasonable must be determined in relation to the particular circumstances of each case and, especially, its context, the various procedural stages to be followed by the Commission, the complexity of the case and its importance for the various parties involved (Case T-73/95 Oliveira v Commission [1997] ECR II-381, paragraph 45; Joined Cases T-213/95 and T-18/96 SCK and FNK v Commission [1997] ECR II-1739, paragraph 57; and Gestevisión Telecinco v Commission, cited in paragraph 96 above, paragraph 75).

Regione autonoma della Sardegna, SF Turistico Immobiliare Srl, Timsas Srl and Grand Hotel Abi d’Oru SpA v European Commission (T-394/08, T-408/08, T-453/08, T-454/08)

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