37The Hoge Raad der Nederlanden wishes to know in that regard, particularly in the light of the judgment in Case C-74/91 Commission v Germany [1992] ECR I-5437, whether the late notification of that scheme to the Commission, effected on 12 June 1979, led to the same consequences as a failure to notify, that is that the scheme is not applicable to individuals relying on such a defect. The Hoge Raad der Nederlanden added that, even assuming that the lateness of the notification does not render the scheme inapplicable, it is still appropriate to ascertain whether it is compatible with the requirements of Article 27(1) of the Sixth Directive.
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