34It is also necessary to point out that, it is settled case-law that the existence of substantial new facts may justify the submission of a request for reconsideration of a previous decision which has become definitive (see judgment in Inpesca v Commission, cited in paragraph 28 above, paragraph 47, and judgment in M v EMEA, cited in paragraph 28 above, paragraph 49 and the case-law cited). If a measure constitutes the reply to a request in which substantial new facts are relied on, and whereby the administration is requested to reconsider its previous decision, that measure cannot be regarded as merely confirmatory in nature, since it constitutes a decision taken on the basis of the supposed substantial new facts and thus contains a new factor as compared with the previous decision (see judgment in Inpesca v Commission, cited in paragraph 28 above, paragraph 46 and the case-law cited).
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