This article focuses on a judgment of 10 April 2024 of the General Court of the European Union which interprets and applies the principle of impartiality: Danske Slagtermestre v Commission, T-486/18 RENV, EU:T:2024:217. By way of contribution to the Liber Amicorum in honour of Nils Wahl, personal reflections are provided on that principle. The General Court, although being correct to quash the Commission Decision which was challenged before it, gave reasons for doing so which are open to criticism and seem, in certain parts, to lose track of common sense. Evidently, the principle of impartiality must be taken seriously, but it should not be divorced from the practical activity of decision-making, which requires a measure of flexibility in order to function properly. This contributor would therefore caution against reading too much into that judgment, or using it as a precedent without much forethought in other cases involving that principle. 

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For the Sake of Appearances: Rethinking the Principle of Impartiality

  • William Lindsay-Poulsen

摘要

This article focuses on a judgment of 10 April 2024 of the General Court of the European Union which interprets and applies the principle of impartiality: Danske Slagtermestre v Commission, T-486/18 RENV, EU:T:2024:217. By way of contribution to the Liber Amicorum in honour of Nils Wahl, personal reflections are provided on that principle. The General Court, although being correct to quash the Commission Decision which was challenged before it, gave reasons for doing so which are open to criticism and seem, in certain parts, to lose track of common sense. Evidently, the principle of impartiality must be taken seriously, but it should not be divorced from the practical activity of decision-making, which requires a measure of flexibility in order to function properly. This contributor would therefore caution against reading too much into that judgment, or using it as a precedent without much forethought in other cases involving that principle.