64It is settled case-law that the legality of an EU measure is assessed on the basis of the elements of fact and of law existing at the time when the measure was adopted. It follows that elements post-dating the adoption of the EU measure cannot be taken into account in assessing the legality of that measure (see judgment of 9 September 2011 in France v Commission, T‑257/07, ECR, EU:T:2011:444, paragraph 172 and the case-law cited).
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