53However, that case-law does not establish any automatic link between, on the one hand, the fact that the institution concerned has no discretion and, on the other, the classification of the infringement as a sufficiently serious breach of EU law. The extent of the discretion enjoyed by the institution concerned, although determinative, is not the only yardstick. On this point, the Court of Justice has many times recalled that the system of rules it developed with regard to the second paragraph of Article 288 EC (now the second paragraph of Article 340 TFEU) also takes into account, in particular, the complexity of the situations to be regulated and the difficulties in applying or interpreting the legislation (see judgment in Sison v Council, EU:T:2011:687, paragraphs 36 and 37 and the case-law cited).
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