26It is common ground that the wording of Article 4(4)(g) of Directive 2008/95 contains no definition of the concept of ‘bad faith’; nor is that concept defined in the other articles of that directive. Further, that provision makes no express reference to the law of the Member States in respect of that concept. Accordingly, the meaning and scope of that concept must be determined in the light of the context of the provision concerned of Directive 2008/95 and the objective of that directive.
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