Judgment_paragraph 90 · Federazione Italiana Golf (FIG) v Istituto Nazionale di Statistica - ISTAT and Ministero dell'Economia e delle Finanze and Federazione Italiana Sport Equestri (FISE) v Istituto Nazionale di Statistica - ISTAT and (C-612/17, C-613/17)

90In the light of the foregoing considerations, the following answer should be given to the second question: the concept of ‘ability to determine the general policy or programme’ of an NPI, within the meaning of the first sentence of paragraph 20.15 of Annex A to Regulation No 549/2013, must be interpreted as the ability of government to exert, on a lasting and continuous basis, an actual and substantial influence over the very determination and implementation of the objectives of the NPI, its activities and the operating aspects of those activities, as well as the strategic approaches and guidelines which the NPI is to follow when pursuing those activities. In cases such as those at issue in the main proceedings, it is for the national court to determine, in the light of the indicators of control referred to in paragraphs 2.39(a) to (e) and 20.15(a) to (e) of Annex A to Regulation No 549/2013, as well as the corresponding indicators of control applicable to NPIs referred to in paragraph 20.309 of Annex A to that regulation, whether a public administrative body, such as the National Olympic Committee at issue in the main proceedings, exerts government control over national sports federations in the form of NPIs, such as those at issue in the main proceedings, by carrying out, for that purpose, an overall assessment which is judgmental in nature, in accordance with the last sentence of paragraph 2.39, the fifth to eighth sentences of paragraph 20.15 and paragraph 20.310 of Annex A to Regulation No 549/2013.