72In the present case, the existence of a breach of a rule of law must be considered to be established because in Germany v Council, the Court of Justice annulled the first indent of Article 1(1) of Council Decision 94/800 to the extent that the Council thereby approved the Framework Agreement, in so far as the latter exempts Category B operators from the export licence system for which it provides and, in T. Port, the Court declared invalid Article 3(2) of Regulation No 478/95.
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