Judgment_paragraph 35 · Veneziana Energia Risorse Idriche Territorio Ambiente Servizi SpA (Veritas) v European Commission (T-602/22)

35The exercise of the power conferred by Article 4(5) of Regulation No 1049/2001 on the Member State concerned is subject to the substantive exceptions set out in Article 4(1) to (3), with the Member State merely being given, in that regard, a power to take part in the institution’s decision. The prior agreement of the Member State referred to in Article 4(5) thus resembles not a discretionary right of veto, but a form of assent confirming that none of the grounds of exception under Article 4(1) to (3) is present. The decision-making process thus established by Article 4(5) therefore requires the institution and the Member State involved to confine themselves to the substantive exceptions laid down in Article 4(1) to (3) (see judgment of 21 June 2012, IFAW Internationaler Tierschutz-Fonds v Commission, C‑135/11 P, EU:C:2012:376, paragraph 58 and the case-law cited).

Veneziana Energia Risorse Idriche Territorio Ambiente Servizi SpA (Veritas) v European Commission (T-602/22)

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