24In paragraph 36 of the order under appeal, the General Court stated that the above distinction is confirmed by the judgment in Joined Cases C-399/06 P and C-403/06 P Hassan and Ayadi v Council and Commission [2009] ECR I-11393. Firstly, instead of concluding automatically that the applicants concerned retained an interest in bringing proceedings in the cases which gave rise to that judgment, the Court of Justice raised, of its own motion, in paragraph 57 of the judgment, the question whether, in the light of the withdrawal of the contested regulation and its retroactive replacement by another act, it was still necessary to adjudicate on the cases concerned. Secondly, in paragraphs 59 to 63 of that judgment, the Court of Justice pointed out a certain number of particular circumstances in the cases before it, which led it to conclude, in paragraphs 64 and 65 of the judgment, that, ‘in these particular circumstances’, and in contrast to what had been held in the order in Case C-123/92 Lezzi Pietro v Commission [1993] ECR I-809, the adoption of the new act, and the concomitant repeal of the regulation at issue, could not be regarded as equivalent to the annulment, pure and simple, of that regulation. Those particular circumstances do not, however, according to the General Court, obtain in the case in point. More specifically, in the case in point, Regulation No 36/2011 is definitive inasmuch as it may no longer be the subject of an action for annulment. Consequently, it is inconceivable that Regulation No 1330/2008 might come back into force so far as Mr Abdulrahim is concerned, contrary to the finding made by the Court of Justice in paragraph 63 of Hassan and Ayadi v Council and Commission.
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