“…that the General Court had been right to hold that the Commission lacked competence to adopt the contested decision and that accordingly it had to be annulled (Case C-39/03P [2003] ECR I-7885). The CJEU did not rule on the other pleas put forward by the Commission.…”
“…General Court”. The fact that the CJEU in Case C-39/03P had not found it necessary to examine the plea alleging breach of Article 11 was, the General Court held, irrelevant. The General Court went on to hold that ne…”
“…hat the earlier appeal had not required a decision on the plea alleging infringement of Article 11 was far from irrelevant. The scope of the CJEU’s judgment in Case C-39/03P had been limited to the issue of lack of competence. The CJEU had not so far resolved the second question about the breach of Article 11. It followed, therefor…”