Judgment_paragraph 30 · Fondul Proprietatea SA v Complexul Energetic Oltenia SA (C-150/16)

30However, the effect on trade between the Member States cannot be purely hypothetical or presumed. Thus, it is necessary to determine the reason why the measure concerned distorts or threatens to distort competition and is liable by its foreseeable effects to have an impact on trade between the Member States (see, to that effect, judgment of 30 April 2009, Commission v Italy and Wam, C‑494/06 P, EU:C:2009:272, paragraph 64).