165Since those considerations are equally valid, under Article 52(3) of the Charter, with respect to Article 49 of the Charter, the Court must hold that the choice made by the European Union legislature to use, in the provisions referred to by Rosneft, expressions or terms such as ‘financial assistance’, ‘waters deeper than 150 metres’, ‘shale’, or ‘transferable securities’, cannot, in itself, constitute a breach of the principle of nulla poena sine lege certa.
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