158Finally, with regard to the Lexecon Report, the Commission cannot invoke, in a general manner, the case-law to the effect that the legality of a contested measure must be assessed on the basis of the facts and the law as they stood at the time when the measure was adopted (Kayserberg v Commission, paragraph 45 above, paragraph 140). The drawing up of a list of points after the date of adoption of the contested decision with a view to securing a finding by the Court of errors of economic assessment in that decision simply entails the exercise of the rights of defence, and not an attempt to alter the legal and factual framework previously submitted to the Commission for the purposes of the adoption of the decision. However, the Commission is entitled to rely in its defence, in relation to specific points, on the fact that the report disregards the express declarations or the omissions of the parties during the administrative procedure.