85It must be pointed out that the finding that ACB did not make use of the opportunity to submit its comments is a matter of appraisal of the facts which it is not for the Court of Justice to review on appeal, save where the clear sense of evidence submitted to the Court of First Instance has been distorted (see, in particular, Case C-13/99 P TEAM v Commission [2000] ECR I-4671, paragraph 63). In the present case, no such distortion is apparent from the case-file.
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