77That finding is contrary to the judgment of the Court of First Instance in Joined Cases T-61/00 and T-62/00 APOL and AIPO v Commission [2003] ECR II-635, paragraph 72, in which it was held that the existence of an administrative practice, even one that is not based on any legislation, under which the Commission considers whether there is a case of force majeure which should cause it to refrain from discontinuing aid may bind the Commission each time a case of force majeure is pleaded before it.
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