66They propose application of the principle set out in Case C-5/94 Hedley Lomas [1996] ECR I-2553, paragraph 28, Joined Cases C-178/94, C-179/94 and C-188/94 to C-190/94 Dillenkofer and Others [1996] ECR I-4845, paragraph 25, and Case C-150/99 Stockholm Lindöpark [2001] ECR I-493, paragraph 40, that if the Member State in question was not called upon to make any legislative choices and had only considerably reduced, or even no, discretion, the mere infringement of Community law may be sufficient to establish the existence of a sufficiently serious breach.
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