33It is not necessary, in that respect, to establish that the provision in question does in practice affect a substantially higher proportion of migrant workers. It is sufficient that it is liable to have such an effect (see, to that effect, judgments in O’Flynn, EU:C:1996:206, paragraph 21; Öztürk, EU:C:2004:232, paragraph 57; and Celozzi, EU:C:2007:35, paragraph 27).
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