115In the light of the previous factors and subject to findings to be made by the referring court, the failure to determine that deposits were unavailable within the time limit of five days laid down in Article 1(3)(i) of Directive 94/19, despite the fact that the conditions clearly set out in that provision had been satisfied, is capable of constituting, on the facts of the case in the main proceedings, a sufficiently serious breach, within the meaning of EU law, since the other facts mentioned by the referring court are irrelevant in that regard.
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