89The plea alleging maladministration in the treatment of the request for access, by which Agrofert criticises the Commission for having failed to meet the prescribed time-limits for responding to its confirmatory application, is ineffective. Given that the Commission responded to that application before Agrofert had drawn any inferences from the lack of response within the period provided for under Article 8(3) of Regulation No 1049/2001, that delay does not taint the Commission’s decision with unlawfulness justifying its annulment.
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