Judgment_paragraph 52 · Federal Republic of Germany v European Commission (T-59/09)

52In that regard, it cannot be held that — as the Federal Republic of Germany claims in the alternative, by analogy with the criteria established in Case 283/81 Cilfit and Others [1982] ECR 3415, paragraph 13 — review by the institution may take place only in cases where the situation at issue has already given rise to a judgment by a Court of the European Union in an identical or similar case, or where the correct application of the law is so obvious as to leave no room for any reasonable doubt. Nor is it a matter — as the Republic of Poland claims — of determining whether the reasons given by the Member State concerned are incorrect beyond all possible doubt.

Federal Republic of Germany v European Commission (T-59/09)

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