98In particular, where a Member State exceeds its discretion by adopting national legislation that does not guarantee that the competent national authority will take due account of the state of health of the third-country national concerned and, where appropriate, his or her family life and the best interests of his or her child, that national must be able to invoke directly Article 5 of that directive against such legislation (see, by analogy, judgment of 8 March 2022, Bezirkshauptmannschaft Hartberg-Fürstenfeld (Direct effect), C‑205/20, EU:C:2022:168, paragraph 30).
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