48As the Advocate General pointed out at points 110 to 112 of his Opinion, the words ‘restrictions which exist on 31 December 1993’ presuppose that the legal provision relating to the restriction in question have formed part of the legal order of the Member State concerned continuously since that date. If that were not the case, a Member State could, at any time, reintroduce restrictions on the movement of capital to or from third countries which existed as part of the national legal order on 31 December 1993 but had not been maintained.
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