32 Fourth, the referring court, taking the view that in the case which gave rise to the order in Affatato (C‐3/10, EU:C:2010:574) the Italian Government contended that Article 5(4a) of Legislative Decree No 368/2001 is applicable to the public sector whereas the Corte suprema di cassazione held the contrary in judgment No 10127/12, is uncertain whether, in the light of the principle of sincere cooperation, that incorrect interpretation of national law by the government should henceforth be binding on national courts, thereby reinforcing their obligation to provide an interpretation consistent with EU law.
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