Judgment_paragraph 46 · Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others v Fipa Group srl and Others (C-534/13)

46If that court reaches the conclusion that Directive 2004/35 is not applicable in the cases pending before it, such a situation will be governed by national law, with due observance of the rules of the Treaty and without prejudice to other secondary legislation (see judgments in ERG and Others, EU:C:2010:126, paragraph 44; ERG and Others, EU:C:2010:127, paragraph 37; and order in Buzzi Unicem and Others, EU:C:2010:129, paragraph 34).