23However, that option of derogation, which is strictly limited to situations of total or partial non-payment, is based on the notion that, in certain circumstances and because of the legal situation prevailing in the Member State concerned, non-payment of consideration may be difficult to establish or may only be temporary (judgment of 22 February 2018, T‑2, C‑396/16, EU:C:2018:109, paragraph 37 and the case-law cited).
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