Judgment_paragraph 42 · Nexive Commerce Srl and Others v Autorità per le Garanzie nelle Comunicazioni and Others (C-226/22)

42It is true that Article 22 of the directive requires the Member States to designate NRAs that are operationally independent of the postal operators. However, it must be noted, as the Advocate General did in point 58 of his Opinion, that, in so far as an NRA actually has the financial resources to enable it to carry out its tasks and shield itself from any undue influence from both market players and State authorities, the method and sources of its funding are not, as such, decisive.

Nexive Commerce Srl and Others v Autorità per le Garanzie nelle Comunicazioni and Others (C-226/22)

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