58The Court has already held that evidence of an abusive practice requires, first, a combination of objective circumstances in which, despite formal observance of the conditions laid down by the European Union rules, the purpose of those rules has not been achieved, and, second, a subjective element consisting in the intention to obtain an advantage from the European Union rules by creating artificially the conditions laid down for obtaining it (Emsland-Stärke, paragraphs 52 and 53, and Case C-515/03Eichsfelder Schlachtbetrieb [2005] ECR I-7355, paragraph 39).