56It should be noted at the outset that the Court has already held, with regard to the activities of vehicle inspection centres carried out by private bodies in Portugal, that the decision whether or not to certify roadworthiness lacked the decision-making independence inherent in the exercise of public authority powers and was taken in the context of State supervision (see judgment in Commission v Portugal, C‑438/08, EU:C:2009:651, paragraph 41). Moreover, the Court has held that those bodies do not, in connection with their activities, have any power of coercion, as the right to impose penalties for failure to comply with the rules on vehicle inspection belongs to the police and judicial authorities (see judgment in Commission v Portugal, C‑438/08, EU:C:2009:651, paragraph 44).
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