29In respect of those objections of inadmissibility, it should be noted, first, that according to paragraph 52 of the judgment under appeal, the French Republic claimed before the General Court that the procedure laid down by Directive 98/34 must be classified as an ‘investigation’ and that the delivery of a detailed opinion by the Commission in the context of that procedure is part of an investigation for the purposes of the third indent of Article 4(2) of Regulation No 1049/2001. In the present appeal, that Member State seeks to demonstrate, by invoking the alleged inconsistency between the judgment under appeal and the judgment of 25 September 2014, Spirlea v Commission (T‑306/12, EU:T:2014:816), that the General Court committed an error of law by not categorising the procedure laid down by Directive 98/34 as an ‘investigation’ within the meaning of the third indent of Article 4(2) of Regulation No 1049/2001. Such an argument does not constitute a new plea but supplements a plea already set out before the General Court.
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