Judgment_paragraph 79 · INC SpA and Consorzio Stabile Sis SCpA v European Commission (T-24/19)

79In the first place, at issue are cases in which the formal investigation procedure which the Commission is obliged to initiate following the annulment of the decision adopted after a preliminary examination is not, unlike in the present case, devoid of purpose, owing to the fact that the contested measure has not been abandoned in any way (see, to that effect, judgments of 19 June 2019, Ja zum Nürburgring v Commission, T‑373/15, EU:T:2019:432, paragraphs 15, 83 and 90 to 92, and of 19 June 2019, NeXovation v Commission, T‑353/15, EU:T:2019:434, paragraphs 14, 67 and 72 to 74). In those circumstances, the annulment of the contested act may have the effect of obliging the Commission to invite interested parties to submit their comments in the context of the formal investigation procedure, which, unlike the present case, is not devoid of purpose.

INC SpA and Consorzio Stabile Sis SCpA v European Commission (T-24/19)

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