As the General Court found, in paragraph 92 of the judgement in IPK-München v Commission, paragraph 23 above, if the Commission had considered, after having adopted the refusal decision of 3 August 1994, that the new evidence on which it relied was enough to conclude that there was an unlawful collusion between Mr Tzoanos, 01‐Pliroforiki and IPK, which had invalidated the grant procedure, it could, instead of putting forward during the first legal proceedings a ground not mentioned in that decision, have revoked the decision and adopted a new decision, containing not only a refusal to pay the second instalment of the financial assistance, but also an order for repayment of the instalment already paid.
Reglamento (CE) no #/# de la Comisión, de # de mayo de #, por el que se establecen valores globales de importación para la determinación del precio de entrada de determinadas frutas y hortalizasEurLex-2 EurLex-2