45Moreover, in the reply, the Commission submits that the applicant had put forward certain evidence intended to rebut the presumption of actual exercise of decisive influence on its part over the commercial conduct of BN Infra and BNGW for the first time in the application, which is contrary to the Court’s case-law (Case T-330/01Akzo Nobel v Commission [2006] ECR II-3389, paragraph 89). However, in answer to a question put by the Court relating to the judgment of the Court of Justice in Case C-407/08 PKnauf Gips v Commission [2010] ECR I-6371, paragraphs 89 to 92, the Commission stated that it no longer objected to the admissibility of the applicant’s arguments seeking to rebut that presumption.