62As the Generalbundesanwalt, the French and Italian Governments and the Commission submit, in essence, the prohibition laid down in Article 7(4) of Regulation No 423/2007 must therefore be understood as covering activities in respect of which it appears, on the basis of objective factors, that, under cover of a formal appearance which enables them to avoid the constituent elements of an infringement of Article 7(3) of the regulation (see, by analogy, Case C-110/99 Emsland-Stärke [2000] ECR I-11569, paragraph 52, and Case C-255/02 Halifax and Others [2006] ECR I-1609, paragraph 74 and 75), none the less they have, as such or by reason of their possible link to other activities, the aim or result, direct or indirect, of frustrating the prohibition laid down in Article 7(3).
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