39As regards the substantial nature of a factor for the purposes of the case-law referred to above, to be substantial in nature, that factor must be capable of substantially altering the legal situation as considered by the authors of the earlier measure (see, in that regard, order in SGL Carbon v Commission, cited in paragraph 38 above, paragraph 58 and the case-law cited). In other words, the factor concerned must be capable of substantially altering the conditions which governed the earlier measure, such as, in particular, a factor that raises doubts as to the merits of the approach adopted by that measure (see judgment in M v EMEA, cited in paragraph 28 above, paragraph 54 and the case-law cited).
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