Judgment_paragraph 69 · European Commission v Kingdom of the Netherlands and ING Groep NV (C-224/12 P)

69Whilst it is true, according to the case-law of the Court, that a purely confirmatory measure may not be the subject of an action for annulment (see, inter alia, Case C-123/03 P Commission v Greencore [2004] ECR I-11647, paragraph 39), the fact remains that the Court has also held that a measure is to be regarded as purely confirmatory of an existing measure if it contains no new factors as compared with the existing measure (see Case 23/80 Grasselli v Commission [1980] ECR 3709, paragraph 18, and Case C-417/05 P Commission v Fernández Gómez [2006] ECR I-8481, paragraph 46).