Judgment_paragraph 51 · Crown Holdings, Inc. and Crown Cork & Seal Deutschland Holdings GmbH v European Commission (C-855/24 P)

51When adopting a decision to initiate proceedings, the Commission is also required to comply with, inter alia, Article 41 of the Charter, which enshrines the right to good administration. It is true that the act of initiating a procedure for the adoption of a decision is only preparatory in character and therefore may not itself be the subject of an action for annulment. However, any legal defects in that act may be relied on in an action directed against the definitive act for which that act represents a preparatory step (judgments of 11 November 1981, IBM v Commission, 60/81, EU:C:1981:264, paragraph 12, and of 22 April 2021, thyssenkrupp Electrical Steel and thyssenkrupp Electrical Steel Ugo v Commission, C‑572/18 P, EU:C:2021:317, paragraph 50).

Crown Holdings, Inc. and Crown Cork & Seal Deutschland Holdings GmbH v European Commission (C-855/24 P)

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