26In any event, an infringement of EU law is sufficiently serious where it was made in manifest breach of the case-law of the Court in the matter (see judgments of 30 September 2003 in Köbler, C‑224/01, EU:C:2003:513, paragraph 56; of 12 December 2006 in Test Claimants in the FII Group Litigation, C‑446/04, EU:C:2006:774, paragraph 214, and of 25 November 2010 in Fuß, C‑429/09, EU:C:2010:717, paragraph 52).
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