Judgment_paragraph 28 · Mellifera eV, Vereinigung für wesensgemäße Bienenhaltung v European Commission (T-12/17)

28In that regard, it follows from the case-law that the applicant retains an interest in seeking annulment of an act of an EU institution in order to prevent its alleged unlawfulness from recurring in the future. That interest in bringing proceedings follows from the first paragraph of Article 266 TFEU, under which the institution whose act has been declared void is required to take the necessary measures to comply with the judgment of the Court. However, that interest in bringing proceedings can exist only if the alleged unlawfulness is liable to recur in the future independently of the circumstances which have given rise to the action brought by the applicant (see judgments of 7 June 2007, Wunenburger v Commission, C‑362/05 P, EU:C:2007:322, paragraphs 50 to 52, and of 22 March 2018, De Capitani v Parliament, T‑540/15, EU:T:2018:167, paragraph 32).