79In that situation, the remedy against the infringement of Directive 89/665 and the first paragraph of Article 47 of the Charter resulting from the case-law of the highest administrative court lies in the obligation, for every administrative court of the Member State concerned, including the highest administrative court itself, to disregard that case-law which is not in conformity with EU law, and, if that obligation is not fulfilled, in the possibility of the European Commission instituting proceedings against that Member State for failure to fulfil its obligations.
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