53As the Advocate General observed in points 47 and 48 of his Opinion, decisions whether or not to certify roadworthiness, which essentially only record the results of the roadworthiness test, in so far as, first, they lack the decision-making independence in the exercise of public authority powers and, secondly, are taken in the context of direct State supervision, do not fall within the scope of the exception provided for in Article 51 TFEU (see, by analogy, Case C-438/08 Commission v Portugal [2009] ECR I-10219, paragraphs 41 and 45). Likewise, the auxiliary and preparatory role devolved on private bodies vis-à-vis the supervisory authority cannot be regarded as being directly and specifically connected with the exercise of official authority, within the meaning of Article 51 TFEU (see Case C-404/05 Commission v Germany [2007] ECR I-10239, paragraph 44).
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