64Thirdly, as regards the powers of the Commission, it is common ground between the parties that, in any event, that institution has no power to adopt binding measures requiring a Member State to make available amounts such as those at issue in the present cases. On the one hand, even assuming that, as the Slovak Republic points out, those amounts cannot be treated as ‘own resources’, the Commission stated before the Court that no legal basis for adopting a binding measure could be determined. On the other hand, even supposing that those amounts must be regarded as ‘own resources’, contrary to the arguments of the Slovak Republic, it must be observed that the Commission’s argument, that no decision-making power has been conferred on it either by Decision 2007/436 or by Regulation No 1150/2000, was not contradicted by that Member State.
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