33As regards the possibility of invoking new factors, the French Government points out that, in paragraph 47 of SAM Schiffahrt and Stapf the Court did not exclude the possibility that ‘the validity of a measure might, in certain cases, be assessed by reference to new factors which arose subsequently to its adoption’. That interpretation is confirmed by paragraph 47 of Case C-6/99 Greenpeace France and Others [2000] ECR I-1651, in which the Court acknowledged that ‘if in the meantime the Member State concerned has new information which leads it to consider that the product for which notification has been received may constitute a risk to human health and the environment, it will not be obliged to give its consent’.
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