Judgment_paragraph 77 · Zalando SE v European Commission (T-348/23)

77However, the principle of legal certainty does not require that every rule should remove all doubt as to its interpretation. What matters is rather whether the legal measure in question displays such ambiguity as to make it difficult to resolve with sufficient certainty any doubts as to the scope or meaning of the provision (Opinion of Advocate General Kokott in FCD and FMB, C‑106/14, EU:C:2015:93, point 55; see also, to that effect, judgment of 14 April 2005, Belgium v Commission, C‑110/03, EU:C:2005:223, paragraph 31). Thus, the principle of legal certainty cannot be undermined solely on the ground that the EU courts must have recourse to methods of interpretation other than the literal interpretation of a provision of general application (see, to that effect, judgment of 2 September 2021, Irish Ferries, C‑570/19, EU:C:2021:664, paragraph 167).

Zalando SE v European Commission (T-348/23)

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