50They claim that, in accordance with the case-law of the Court of Justice, in cases comparable to those at issue, where a contested act is replaced in the course of the proceedings, the appellants’ interest in bringing proceedings may be maintained because of the risk that the allegedly unlawful action of a Community institution will be repeated. In that regard, the appellants rely in particular on Case 53/85 AKZO Chemie and AKZO Chemie UK v Commission [1986] ECR 1965, paragraph 21, and Case 207/86 Apesco v Commission [1988] ECR 2151, paragraph 16. According to them, an appellant’s interest in bringing proceedings may also be maintained as a result of his interest in obtaining compensation for the damage caused by a decision which is no longer in force. In that regard, they rely in particular on Case 76/79 Könecke Fleischwarenfabrik v Commission [1980] ECR 665, paragraph 9; Joined Cases C-68/94 and C-30/95 France and Others v Commission [1998] ECR I-1375, paragraph 74; and Case C-362/05 P Wunenburger v Commission [2007] ECR I-4333, paragraph 42.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.