38Furthermore, that law establishes, first, a system of auction allowing new operators to acquire non-allocated fishing opportunities, on the basis of the balance of the quota granted to the Republic of Lithuania after allocations on the basis of historical share have been made. In addition, that law limits the fishing opportunities which can be allocated to each operator for a given species of fish to 40%. Thus, the allocation method at issue in the main proceedings, since it does not entail the complete closure of the market in question, respects the essence of the freedom guaranteed by Article 16 of the Charter.
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