38As regards the circumstances under which factors may be classified as new and substantial, a factor must be classified as new both where that factor did not exist at the time of adoption of the earlier measure (see, in that regard, judgment in M v EMEA, cited in paragraph 28 above, paragraph 53 and the case-law cited; see also, in that regard, order of the Court in Case T-308/02 SGL Carbon v Commission [2004] ECR II-1363, paragraph 57) and where that factor already existed when the earlier measure was adopted but, for whatever reason, including a failure by the author of that measure to act diligently, was not taken into consideration at the time of its adoption (see, in that regard, judgment in Adams and Others v Commission, cited in paragraph 33 above, paragraph 15, and judgment in Case T-82/92 Cortes Jimenez and Others v Commission [1994] ECR-SC I-A-69 and II-237, paragraph 16).
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