45It should also be noted, for the sake of completeness, that, even if the applicant had contested the decision of the EBA within the period prescribed by Article 263 TFEU, the action against that decision would, in any event, have been rejected by the Court as inadmissible on the ground that there was no challengeable act, as the EBA submits, and since the EU judicature would have been required to raise such a plea of its own motion.
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