Judgment_paragraph 35 · European Parliament v Council of the European Union (C-540/13)

35In 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 18(2) of Decision 2008/633 must be assessed in the light of the provisions that governed, at the time that decision was adopted, the adoption of a measure such as the contested decision, namely Article 34(2)(c) EU and Article 39(1) EU.