The text of a decision of the Commission only took effect if authenticated, and the decision was void unless so authenticated. The fact if so that no separate damage flowed from that failure, and that no other procedural defect applied could not rescue the decision. The requirement was fundamental and was required under the Treaty. It formed an essential part of the procedure and was necessary to allow certainty.
ECJ (Competition) Appeal – Actions for annulment – Pleas in law – Infringement of essential procedural requirements – Failure to authenticate decisions adopted by the college of Commissioners – Issue that may be raised of the Court’s own motion.
Citations:
Times 14-Apr-2000, [2000] EUECJ C-288/95P
Links:
Jurisdiction:
European
Commercial
Updated: 19 May 2022; Ref: scu.79305
