56It should first be pointed out that the version of Regulation No 216/2008 applicable to the present case is that resulting from Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009, amending Regulation No 216/2008 and repealing Directive 2006/23/EC (OJ 2009 L 309, p. 51).
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