23In its judgment of 5 October 1999 in Case C-433/97 I PK v C ommission [ 1999] ECR I-6795, the Court of Justice held:15 ... it should be observed that, as appears from paragraph 47 of the judgment [of the Court of First Instance of 15 October 1997 in IPK v Commission], [IPK] did provide some evidence of the Commission officials' interference in the management of the project, particulars of which are given in paragraphs 9 and 10 of [the judgment of the Court of First Instance in IPK v Commission]. That interference was likely to have had an impact on the smooth running of the project.16 In circumstances such as those, it was for the Commission to show that, notwithstanding the interference in question, [IPK] continued to be able to manage the project in a satisfactory manner.17 It follows that the Court of First Instance erred in law by requiring [IPK] to furnish proof that the Commission officials' actions made it impossible for it to engage in proper cooperation with its partners in the project.’
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