55It must be noted that, in support of its application for a declaration that there is no need to adjudicate, the Commission puts forward, in essence, two arguments. First, the present action has become devoid of purpose and LPN has lost its interest in bringing proceedings in so far as the action relates to documents disclosed to LPN during the proceedings. Secondly, according to the Commission, as a result of the decision of 24 October 2008, the subject-matter of the present action was altered in so far as that decision is based on two new grounds for refusal which are different from that invoked in support of the contested decision.
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