Judgment_paragraph 152 · Republic of Poland v European Parliament and Council of the European Union (C-5/16)

152However, even though such judicial review is of limited scope, it requires that the EU institutions that have adopted the act in question must be able to show before the Court that in adopting the act they actually exercised their discretion, which presupposes the taking into consideration of all the relevant factors and circumstances of the situation the act was intended to regulate (judgments of 7 September 2006, Spain v Council, C‑310/04, EU:C:2006:521, paragraph 122, and of 8 July 2010, Afton Chemical, C‑343/09, EU:C:2010:419, paragraph 34).