96By contrast, there is no infringement 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), where the issue which the Commission is alleged to have omitted from an opening decision does not constitute an issue of fact or law relevant to the investigation of the aid measure at issue, within the meaning of the first sentence of Article 6(1) of Regulation No 659/1999.
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