22As regards the first argument, it is settled case-law 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 (judgments in Agrana Zucker, C‑309/10, EU:C:2011:531, paragraphs 31 and 45 and the case-law cited, and Schaible, C‑101/12, EU:C:2013:661, paragraph 50). In particular, the Court places itself at the time when the EU measure at issue was adopted in order to examine whether the conditions permitting recourse to Article 95 EC as a legal basis were met (see judgments in Arnold André, C‑434/02, EU:C:2004:800, paragraph 38; Swedish Match, C‑210/03, EU:C:2004:802, paragraph 37; Germany v Parliament and Council, C‑380/03, EU:C:2006:772, paragraphs 45 to 51 and 55; and Vodafone and Others, C‑58/08, EU:C:2010:321, paragraphs 39 and 41).
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