37Hervis, the Austrian Government and the Commission contend that Articles 49 TFEU and 54 TFEU preclude such a difference in treatment, which is based de jure on the apparently objective criterion of differentiation of the level of turnover, but which disadvantages de facto the subsidiaries of parent companies that have their registered offices in other Member States, in the light of the structure of store retail trade on the Hungarian market, and in particular the fact that retail stores belonging to such companies are generally organised, as is the case of Hervis, in the form of subsidiaries.
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