90However, the question whether the Commission acted excessively late must not be assessed solely on the basis of the time which elapsed between the events at issue and the commencement of the action. On the contrary, the Commission cannot be regarded as having acted excessively late if there is no delay or other negligent act imputable to it and, in that regard, account should be taken in particular of the time when the institution became aware of the acts constituting the infringement and of the reasonableness of the duration of the administrative procedure (judgments in Ronsse v Commission, EU:T:2002:269, paragraph 53; Sumitomo Chemical and Sumika Fine Chemicals v Commission, EU:T:2005:349, paragraph 89; and, to that effect, judgment in Nencini v Parliament, T‑431/10 and T‑560/10, EU:T:2013:290, paragraphs 48 to 50, the subject of an appeal before the Court of Justice, Case C‑447/13 P). In particular, with regard to the initiation of an investigation procedure, observance of a reasonable period is assessed where and from the time when the administration becomes aware of facts and conduct which are liable to constitute breaches of an official’s obligations under the Staff Regulations (see judgment in François v Commission, EU:T:2004:180, paragraph 48).
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