Judgment_paragraph 112 · IFIC Holding AG v European Commission (T-8/21)

112The purpose of derogating decisions taken by the Commission under that provision is to prevent, in specific and duly justified circumstances (recital 5 of Implementing Regulation 2018/1101), serious damage to the interests of the European Union or the applicant resulting from non-compliance with the laws specified in the annex. The adoption of a decision under that article therefore meets the general interest objectives of protecting the interests of the European Union or of persons exercising rights under the FEU Treaty system against the serious damage which can result from non-compliance with the laws specified in the annex. Moreover, in the present case, in each of the contested decisions, the Commission concluded its assessment by emphasising that granting the authorisation was in line not only with the objectives of Regulation No 2271/96, but also with the general policy objectives of the European Union (recital 38 of the first contested decision, recital 18 of the second contested decision and recital 27 of the third contested decision), which, in itself, is not disputed by the applicant.