40It is, consequently, for the Union judicature, once it has first determined whether the institution concerned enjoyed any discretion, next to take into consideration the complexity of the situations to be regulated, any difficulties in applying or interpreting the legislation, the clarity and precision of the rule infringed, and whether the error made was inexcusable or intentional (see, to this effect, Comafrica and Dole Fresh Fruit Europe v Commission, paragraph 35 above, paragraphs 138 and 149, and Case T-364/03 Medici Grimm v Council [2006] ECR II-79, paragraphs 79 and 87; see also, by analogy, with regard to the non-contractual liability of a Member State for infringement of Community law, Case C-424/97 Haim [2000] ECR I-5123, paragraphs 41 to 43). On any view, an infringement of Community law is sufficiently serious if it has persisted despite a judgment finding the infringement in question to be established, or a preliminary ruling or settled case-law of the Court on the matter from which it is clear that the conduct in question constituted an infringement (see, by analogy, Case C-524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I-2107, paragraph 120 and case-law cited).
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