The Court, in reviewing whether that freedom was lawfully exercised, cannot substitute its own assessment for that of the competent authority but must restrict itself to examining whether the authority’s assessment is vitiated by a manifest error or misuse of powers (see, in particular, Case C-310/99 Italy v Commission, paragraph 45, Case C-456/00 France v Commission [2002] ECR I-11949, paragraph 41, and Case C-66/02 Italy v Commission, paragraph 135).
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