37Furthermore, the three conditions mentioned in paragraph 35 of the present judgment are necessary and sufficient to found a right in favour of individuals to obtain redress, although this does not mean that a Member State cannot incur liability under less strict conditions on the basis of national law (see, to that effect, inter alia, judgments of 5 March 1996, Brasserie du pêcheur and Factortame, C‑46/93 and C‑48/93, EU:C:1996:79, paragraph 66, and of 30 September 2003, Köbler, C‑224/01, EU:C:2003:513, paragraph 57).
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