62However, the derogation under Article 65(1)(a) TFEU, which is to be strictly interpreted, is itself restricted by Article 65(3) TFEU, which provides that the national provisions referred to in paragraph 1 of that article ‘shall not constitute a means of arbitrary discrimination or a disguised restriction on the free movement of capital and payments as defined in Article 63 [TFEU]’ (see Case C-319/02 Manninen [2004] ECR I-7477, paragraph 28, and Case C-194/06 Orange European Smallcap Fund [2008] ECR I-3747, paragraph 58).
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