Judgment_paragraph 13 · Commission of the European Communities v Fresh Marine Company A/S (C-472/00 P)

13Moreover, it is clear from the wording of Article 8(10) of Regulation No 384/96 that, with respect to the imposition of provisional duties, the Commission has a wide discretion in determining the circumstances in which it has reason to believe that an undertaking has been breached. That point was not addressed by the Court of First Instance since it found, at paragraph 57 of the contested judgment, that the analysis of the October 1997 report ‘did not involve any choices of economic policy and conferred on the Commission only very little or no discretion’. The contested judgment is therefore inconsistent with the Court of First Instance's own case-law (see Case T-489/93 Unifruit Hellas v Commission [1994] ECR II-1201 and Case T-51/96 Miwon v Council [2000] ECR II-1841).