Judgment_paragraph 131 · Air Canada v European Commission (C-367/22 P)

131As regards the objective of the time limits that circumscribe the Commission’s powers, it must be noted that Article 25 of Regulation No 1/2003 reproduces, in essence, the provisions of Articles 1 to 3 of Regulation (EEC) No 2988/74 of the Council of 26 November 1974 concerning limitation periods in proceedings and the enforcement of sanctions under the rules of the European Economic Community relating to transport and competition (OJ 1974 L 319, p. 1). Reference must therefore be made, when interpreting those time limits, to the preamble to that regulation and, in particular, to the second recital thereof. That recital states that ‘it is necessary in the interests of legal certainty that the principle of limitation be introduced and that implementing rules be laid down’ and that ‘the interests of undertakings and associations of undertakings on the one hand, and the requirements imposed by administrative practice, on the other hand, should be taken into account’. It is thus apparent from that recital that the EU legislature intended to circumscribe the Commission’s powers by introducing the mechanism of extinctive limitation periods, with the aim, in particular, of protecting the rights of undertakings on which the Commission intends to impose fines or periodic penalty payments.