Judgment_paragraph 35 · Terna - Rete elettrica nazionale SpA v European Commission (T-387/16)

35Furthermore, since repayment has been made, the Commission will not adopt any decision following the issuing of the debit note. Accordingly, preventing the applicant from being able to contest the sums repaid would risk undermining its right to an effective remedy. It would therefore be contrary to the right to sound administration to encourage the applicant not to pay the amounts payable as set out in the debit note so that any decision adopted after the debit note is issued may be challenged on the basis of Article 263 TFEU.

Terna - Rete elettrica nazionale SpA v European Commission (T-387/16)

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