35It must first be borne in mind that deciding whether the contested decision was merely confirmatory of an initial decision was a determination of legal characterisation of the facts, which the Court has jurisdiction to review in an appeal. Indeed, according to the settled case-law of the Court of Justice, where the General Court has determined or assessed the facts, the Court of Justice has jurisdiction under Article 256 TFEU to review their legal characterisation and the legal conclusions which were drawn from them (judgment of 28 June 2018, Andres (Insolvency of Heitkamp BauHolding) v Commission, C‑203/16 P, EU:C:2018:505, paragraph 77 and the case-law cited).
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