46It is true, as pointed out by the Italian Republic, that the Minister merely ensures compliance with legal requirements. However, under the system put in place by Directive 2001/14, the check of lawfulness should be carried out by the regulatory body, in this case the URSF, and not the Minister. Consequently, since the infrastructure manager is bound by the Minister’s decision fixing the charges for access to the infrastructure, the conclusion must be that the Italian legislation does not ensure that manager’s independence. Therefore, the legislation does not satisfy the requirements of Article 4(1) of Directive 2001/14 on this point.
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