Judgment_paragraph 59 · European Parliament v Council of the European Union (C-363/14)

59Since the lawfulness of an EU act must be assessed on the basis of the facts and the law as they stood at the time when the act was adopted, the lawfulness of Article 26(1)(a) of the Europol Decision must be assessed in the light of the provisions that, at the time when that decision was adopted, governed 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 (see, by analogy, judgments in Parliament v Council, C‑317/13 and C‑679/13, EU:C:2015:223, paragraph 45, and Parliament v Council, C‑540/13, EU:C:2015:224, paragraph 35).