72According to Deltafina, the General Court erred in law by stating that that application, which had been submitted at the hearing at first instance, constituted a new plea in law not founded on legal and factual elements which came to light during the proceedings and, accordingly, was inadmissible. Deltafina’s arguments rest on case-law arising from the judgment in Case T‑13/03 Nintendo and Nintendo of Europe v Commission EU:T:2009:131 which did not come into being until after the end of the written procedure.
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