75In that regard, it must be pointed out that, with regard to the utilisation of the available legal remedies in order to establish the liability of a Member State for breach of EU law, the Court has already held that national courts may enquire whether the injured person showed reasonable diligence in order to avoid the loss or damage or limit its extent and whether, in particular, he availed himself in time of all the legal remedies available to him (Brasserie du Pêcheur and Factortame, paragraph 84; Test Claimants in the Thin Cap Group Litigation, paragraph 124; and Case C-445/06 Danske Slagterier [2009] ECR I-2119, paragraph 60).
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