Judgment_paragraph 35 · French Republic v European Commission (T-1/12)

35Moreover, it must be remembered that the assessment by the Commission of whether an investment satisfies the private investor test may involve a complex economic appraisal. When the Commission adopts a measure involving such an appraisal, it enjoys a wide discretion and judicial review is limited to verifying whether the Commission complied with the relevant rules governing procedure and the statement of reasons, whether there was any error of law, whether the facts on which the contested finding was based have been accurately stated and whether there has been any manifest error of assessment of those facts or any misuse of powers. In particular, the Court is not entitled to substitute its own economic assessment for that of the author of the decision (see judgment in Ryanair v Commission, EU:T:2008:585, paragraph 28 above, paragraph 41 and the case-law cited).