53With regard to the adverse effect that the system at issue has on Article 40 of the EEA Agreement, a point raised by the Commission, it should be noted that, in so far as the provisions of that article have the same legal scope as the substantially identical provisions of Article 63 TFEU all the foregoing considerations may, in circumstances such as those in the present case, be transposed, mutatis mutandis, to Article 40 of the EEA Agreement (see, Case C-250/08 Commission v Belgium [2011] ECR I-12341, paragraph 83 and the case‑law cited).
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