Judgment_paragraph 55 · European Central Bank v Crédit lyonnais (C-389/21 P)

55As the General Court pointed out, in essence, in paragraph 98 of the judgment under appeal, in so far as the ECB has a broad discretion in deciding whether or not to apply Article 429(14) of Regulation No 575/2013, the judicial review which the Courts of the European Union must carry out of the merits of the grounds of a decision such as the decision at issue must not lead it to substitute its own assessment for that of the ECB, but seeks to ascertain that that decision is not based on materially incorrect facts and that it is not vitiated by a manifest error of assessment or misuse of powers (see, to that effect, judgments of 25 January 1979, Racke, 98/78, EU:C:1979:14, paragraph 5; of 18 July 2007, Industrias Químicas del Vallés v Commission, C‑326/05 P, EU:C:2007:443, paragraph 76; of 11 September 2014, CB v Commission, C‑67/13 P, EU:C:2014:2204, paragraph 46; and of 11 December 2018, Weiss and Others, C‑493/17, EU:C:2018:1000, paragraph 24).