55In that regard, it should be noted that the concepts of ‘sufficiently serious breach’ and ‘damage’ are two separate concepts that differ temporally, so that they cannot be confused. ‘Sufficiently serious breach’, as is apparent from paragraphs 33 to 50 of the present judgment, is a static concept, fixed at the time when the unlawful act or conduct was adopted, whilst the concept of ‘damage’, on the other hand, is by nature a dynamic concept since, first, the damage may emerge after the unlawful act or conduct was adopted and, second, its extent may change over time.
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