28The Verwaltungsgerichtshof considers that such a result is unsatisfactory and that it cannot be deduced from the Court's case-law (Case C-76/97 Tögel [1998] ECR I-5357, and Case C-258/97 HI [1999] ECR I-1405). It would have to be possible for a claim based on Community law to be brought before the Verwaltungsgerichtshof, the national court which generally has jurisdiction in claims of the same kind based on domestic law.
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