@ilumium That was my thinking. I mean, the words “at the time of the adoption of the contested decision” and the observation that the Commission is required to “monitor continuously the application of the legal framework” is a pretty big hint “mit dem Zaunpfahl”, that the Commission should do just that. But given how politicised the Commission has historically been in this regard, there’s also an overwhelming likelihood that it won’t go there unless forced to do so by the Court.