Judgment_paragraph 68 · Council of the European Union and Commission of the European Communities v Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT (Interpipe Niko Tube ZAT) and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT (Interpipe NTRP VAT) (C-191/09 P, C-200/09 P)

68It must also be found that the General Court’s review of the three factors set out in the Commission’s fax of 26 June 2006 and the relevant evidence in the file, referred to in paragraph 188 of the judgment under appeal, which aimed to assess whether the institutions furnished evidence that Sepco’s functions were comparable to those of an agent working on a commission basis so as to be able to make the adjustment at issue, did not constitute a new assessment of the facts replacing that made by the institutions. That review thus did not encroach on the broad discretion of the institutions in the field of commercial policy, justified by the complexity of economic, political and legal situations which they are required to examine, but was restricted to showing whether that evidence was able to support the conclusions reached by the institutions.