26Although the Court has not hitherto had occasion to rule on the issue raised by the present case, indirect support for the Commission’s position is, in its view, to be found in paragraph 19 of the judgment in Case C-162/07 Ampliscientifica and Amplifin [2008] ECR I-4019, and in the Opinion of Advocate General Van Gerven in the case which gave rise to the judgment in Case C-60/90 Polysar Investments Netherlands [1991] ECR I-3111.
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