86Moreover, although no provision of Directive 2004/49 prohibits the Minister for Transport from appointing and dismissing all of the members of the PKBWK, Article 21(1) thereof, inasmuch as it requires that it have organisational independence vis-à-vis in particular any infrastructure manager and any railway undertaking, precludes the authority that controls the infrastructure manager and a railway undertaking from appointing and dismissing all of the members of the investigating body, where that power is not regulated strictly by legislation, with the result that that authority is bound to take decisions on the basis of objective criteria which are clearly and exhaustively set out and verifiable.
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