Judgment_paragraph 63 · Microsoft Mobile Sales International Oy and Others v Ministero per i beni e le attività culturali (MiBAC) and Others (C-110/15)

63In any event, as regards the second criterion, it must be noted that the SIAE has not demonstrated the existence of serious difficulties, having merely indicated that the compensation has already been distributed in full to the recipients and that it ‘was probably not in a position to recover such amounts’.