17Fedesa argues further that the judgment of the Court of First Instance in Case T-120/96 Lilly Industries v Commission [1998] ECR II-2571, paragraph 90, makes clear that the Commission was not legally entitled to base its decision rejecting the request for inclusion of the substance in Annex II on the existence of the moratorium on BST, particularly as that moratorium was not introduced to protect public health but for socio-economic reasons. According to paragraph 91 of the judgment in Lilly Industries v Commission, the Commission was not authorised to take account of such considerations.
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