Judgment_paragraph 29 · Oil Turbo Compressor Co. (Private Joint Stock) v Council of the European Union (T-63/12)

29The Court observes that the legality of the contested decision may be assessed only on the basis of the elements of fact and law on which it was adopted and not on the basis of information which was brought to the Council’s knowledge after the adoption of that decision, even if the latter takes the view that that information could legitimately be the basis for the adoption of that decision. In short, the Court cannot accept the Council’s invitation to substitute the grounds on which that decision is based (see, by analogy, judgment of 28 March 2012 in Case T-190/10 Egan and Hackett v Parliament, not published in the ECR, paragraphs 102 and 103 and the case-law cited).