Judgment_paragraph 36 · Commission of the European Communities v Republic of Austria (C-393/05)

36Thus, according to settled case-law, derogation under those articles must be restricted to activities which, in themselves, are directly and specifically connected with the exercise of official authority (see Servizi Ausiliari Dottori Commercialisti, paragraph 46 and the case-law cited), which excludes from being regarded as connected with the exercise of official authority, within the meaning of that derogation, functions that are merely auxiliary and preparatory vis-à-vis an entity which effectively exercises official authority by taking the final decision (Case C-42/92 Thijssen [1993] ECR I-4047, paragraph 22).

Commission of the European Communities v Republic of Austria (C-393/05)

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