date:Jul 11, 2012
a formal investigation procedure, contrary to its own regulations.
It added that the EC was faced with difficulties in assessing the criteria that would justify the initiation of a formal investigation.
The European Court of Justice ruled thatthe Commission not only misconstrued the scope of the Guidelines, but also failed to exercise its discretion.
The applicant is therefore justified in submitting that, by failing to take account of the criteria required for its assessment, the Commission