… 41(2)(a) of the
Charter
of Fundamental Rights of the European Union (‘the
Charter
’), second, infringement of the right of every person to have his or her affairs handled
impartially
by the institutions of the European Union, provided for in
Article
41(1) of the
Charter
, third, infringement of
Article
107(1) TFEU, in so far as the Commission considered that the contribution for the treatment of waste water did not confer an advantage, fourth, that that advantage was selective, fifth, that the staircase …
… The second plea in law, alleging infringement of the requirement of
impartiality
24 By its second plea, the applicant submits that the Commission failed to observe the requirement of
impartiality
laid down in
Article
41(1) of the
Charter
, by reason of the conflict of interest of the member of the Commission responsible for competition matters, who signed the contested decision (‘the Commissioner in question’). …
… Fourth, the Commission points out that, pursuant to
Article
250 TFEU and
Article
2(4) of its Code of Conduct, its decisions are adopted by the College of Commissioners by a majority of its members, with the result that a single member cannot have a decisive influence on the adoption of a decision.
26
Article
41(1) of the
Charter
states, inter alia, that every person has the right to have his or her affairs handled
impartially
by the institutions, bodies, offices and agencies of the European Union …