31At paragraph 42 of the judgment under appeal, the General Court observed that neither the Court of Appeal’s judgment of 7 May 2008 nor the Home Secretary’s order of 23 June 2008 had an automatic, immediate effect on Council Decision 2007/868/EC of 20 December 2007 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2007/445/EC (OJ 2007 L 340, p. 100), then applicable, that decision remaining in force and legally binding, in accordance with the presumption of legality attaching to acts of the European Union, for so long as it was not withdrawn, declared void in an action for annulment or declared invalid following a reference for a preliminary ruling or a plea of illegality.
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