31The decision at issue was adopted on 21 February 2007, that is to say before the Treaty of Lisbon was adopted, on 13 December 2007, and, a fortiori, before the Treaty of Lisbon entered into force, on 1 December 2009. It is settled case-law that, in an action for annulment, the legality of the 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 (see Joined Cases 15/76 and 16/76 France v Commission [1979] ECR 321, paragraph 7; Case C-449/98 P IECC v Commission [2011] ECR I-3875, paragraph 87; and Case C-309/10 Agrana Zucker [2011] ECR I-7333, paragraph 31).
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