51The Portuguese Republic bases its argument concerning the interpretation of Article 296 EC on the judgment in Case T-26/01 Fiocchi munizioni v Commission [2003] ECR II-3951, paragraph 58 of which states that Article 296 EC has, for the activities which it covers and on the conditions which it sets forth, a general scope, capable of affecting all the ordinary legal provisions of the Treaty. Furthermore, it is apparent from that judgment that Article 296(1)(b) EC confers on the Member States a particularly wide discretion in assessing the needs receiving such protection.
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