37However, it should be borne in mind that where a person is able to rely on a directive not as against an individual but as against the State he or she may do so regardless of the capacity in which the latter is acting. It is necessary to prevent the State from taking advantage of its own failure to comply with EU law (see, to that effect, judgment of 7 July 2016, Ambisig, C‑46/15, EU:C:2016:530, paragraph 21 and the case-law cited).
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