39In that regard, it must be observed that the Treaty does not define the terms ‘movement of capital’ and ‘payments’. However, it is settled case-law that, inasmuch as Article 73b of the Treaty substantially reproduces the content of Article 1 of Directive 88/361, and even if the latter was adopted on the basis of Articles 69 and 70(1) of the EEC Treaty (Articles 67 to 73 of the EEC Treaty were replaced by Articles 73b to 73g of the EC Treaty, now Articles 56 EC to 60 EC), the nomenclature of capital movements annexed thereto retains the same indicative value, for the purposes of defining the term ‘movement of capital’, as it did before their entry into force, subject to the qualification, contained in the introduction to the nomenclature, that the list set out therein is not exhaustive (see to that effect, among others, Case C-222/97 Trummer and Mayer [1999] ECR I-1661, paragraph 21, and Joined Cases C-515/99, C-519/99 to C-524/99 and C-526/99 to C-540/99 Reisch and Others [2002] ECR I-2157, paragraph 30).
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