53That objective of strengthening the independence and impartiality of NRAs is expressed in Article 3(3a) of the Framework Directive (judgment of 19 October 2016, Ormaetxea Garai and Lorenzo Almendros, C‑424/15, EU:C:2016:780, paragraph 47). In accordance with the first paragraph of that provision, without prejudice to cases in which consultation and cooperation with other national authorities are required under Article 3(4) and (5), the NRAs responsible for ex-ante market regulation or for resolution of disputes between undertakings must act independently and cannot seek or take instructions from any other body in relation to the exercise of the tasks assigned to them. That provision nevertheless provides for the possibility of supervision in accordance with national constitutional law and specifies that only appeal bodies set up in accordance with Article 4 of the Framework Directive are to have the power to suspend or overturn decisions by the NRAs.
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