23In that connection, as regards, first, the objection of inadmissibility raised by the Council, it must be borne in mind that, in an action for annulment pursuant to Article 173 of the Treaty, its admissibility must be assessed by reference to the situation prevailing at the time when it was lodged (see Case 50/84 Bensider and Others v Commission [1984] ECR 3991, paragraph 8). Since the applications in Cases C-61/96, C-132/97, C-45/98 and C-27/99 were lodged before delivery of the judgment in Case C-179/95 Spain v Council, they cannot be held to be inadmissible on the ground that that judgment has rendered the issue res judicata.
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