94Consequently, the omission of such an issue from the decision to initiate the formal investigation procedure, in so far as it plays a role in the reasoning of the decision at issue, must be regarded as constituting a breach of an ‘essential procedural requirement’ in terms of paragraph 55 of the judgment of 11 December 2008, Commission v Freistaat Sachsen (C‑334/07 P, EU:C:2008:709), which entails the annulment of that decision by force of law (see, to that effect, judgments of 29 October 1980, Roquette Frères v Council, 138/79, EU:C:1980:249, paragraph 33, and of 6 September 2017, Slovakia and Hungary v Council, C‑643/15 and C‑647/15, EU:C:2017:631, paragraph 160).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.