70In that regard, it should be recalled that the review by the Courts of the European Union of the Commission’s exercise of the discretion conferred on it in this regard must not lead them to substitute their assessment of the European Union interest for that of the Commission, but focuses on whether the contested decision is based on materially incorrect facts, or is vitiated by an error of law, manifest error of appraisal or misuse of powers (See CEAHR v Commission, paragraph 59 above, paragraph 65 and case-law cited).
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