97Accordingly, the reimbursement of charges by application of the provisions of civil law can be envisaged only if, in accordance with the provisions of national law, the illegality of the charge in the light of the legislation concerning access to the railway infrastructure has first been found by the regulatory body or by a court which has reviewed that body’s decision and in so far as that application for reimbursement may be challenged before the national civil courts rather than by appeal provided for in that legislation.
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