Mohamed Marouen Ben Ali Ben Mohamed Mabrouk v Council of the European Union (T-175/15)

Judgment of 5 Oct 2017

law://eu/cjeu/2015/t-175-15/para_155@2026-11-13

155In particular, according to case-law, a measure adopted following a review of an earlier measure, which was necessary on account of the existence of new and substantial facts, does not constitute a purely confirmatory measure. A fact must be classified as new where it did not exist at the time the measure was adopted or was not taken into account when the measure was adopted, and as substantial where it substantially alters the legal position of the applicant as it stood at the time the earlier measure was adopted, such as a fact capable of raising doubts as to the merits of that measure (see, to that effect, judgment of 13 November 2014, Commission v Spain, T‑481/11, EU:T:2014:945, paragraphs 34 to 39 and the case-law cited).

Mohamed Marouen Ben Ali Ben Mohamed Mabrouk v Council of the European Union (T-175/15)

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