87A Member State waives such a power when it repeals the provisions which gave rise to the restriction in question. Article 64(1) TFEU does not cover provisions which, whilst in substance identical to legislation which existed on 31 December 1993, have reintroduced an obstacle to the free movement of capital which, following the repeal of the earlier legislation, no longer existed (see, to that effect, judgment of 18 December 2007, A, C‑101/05, EU:C:2007:804, paragraph 49).
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