31It is true that, as the Commission argues, the admissibility of an action must be assessed, as a general rule, with reference to the situation at the time when it is brought (see, to that effect, Joined Cases C-61/96, C-132/97, C-45/98, C-27/99, C-81/00 and C-22/01 Spain v Council [2002] ECR I-3439, paragraph 23). The fact remains, however, that, in accordance with the case-law, where an action is dismissed as inadmissible, the dispute arising from it, which was pending, ceases to exist, so that the situation of lis alibi pendens disappears (see, to that effect, Joined Cases 146/85 and 431/85 Diezler and Others v ESC [1987] ECR 4283, paragraph 12).
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