45In that context, given that the legality of an EU 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, by analogy, judgments in Gualtieri v Commission, C‑485/08 P, EU:C:2010:188, paragraph 26; Schindler Holding and Others v Commission, C‑501/11 P, EU:C:2013:522, paragraph 31; and Schaible, C‑101/12, EU:C:2013:661, paragraph 50), the legality of Article 8(3) of Decision 2005/387 must be assessed in the light of the provisions that governed, at the time that decision was adopted, the implementation of general acts in the field of police and judicial cooperation in criminal matters, namely Article 34(2)(c) EU and Article 39(1) EU.
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