Judgment_paragraph 218 · Republic of Lithuania and Others v European Parliament and Council of the European Union (C-541/20)

218It is settled case-law of the Court that the EU legislature must be able to establish before the Court that it adopted the act at issue having exercised its discretion correctly. To that end, it must, at the very least, be able to produce and set out clearly and unequivocally the basic data on the basis of which this act was adopted and on which the exercise of its discretion depended (see, to that effect, judgment of 8 December 2020, Hungary v Parliament and Council, C‑620/18, EU:C:2020:1001, paragraph 116 and the case-law cited).