Judgment_paragraph 43 · BdM Banca SpA, anciennement Banca Popolare di Bari SpA v European Commission (C-145/24 P)

43As regards, third, the Commission’s assertion that the assessment of the degree of complexity of the case at issue constitutes a question of fact which falls outside the jurisdiction of the Court of Justice on appeal, except where the facts have been distorted, it must be stated that, according to the case-law of the Court of Justice, where the General Court has found or appraised the facts, the Court of Justice has jurisdiction to carry out a review, provided that the General Court has defined their legal nature and determined the legal consequences. The jurisdiction of the Court of Justice to review extends, inter alia, to the question whether the General Court has taken the right legal criteria as the basis for its appraisal of the facts (judgment of 25 January 2022, Commission v European Food and Others, C‑638/19 P, EU:C:2022:50, paragraph 72 and the case-law cited).

BdM Banca SpA, anciennement Banca Popolare di Bari SpA v European Commission (C-145/24 P)

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