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… Subject to paragraph 1 and to Articles 9 and 10, Member States may take into account, in establishing the rules for the procedure, considerations of … the of the , the preservation of cultural heritage and other overriding reasons relating to the public interest, in conformity with Community law.’ B. Italian law 1. The Italian Constitution (5) 6. …

… In those circumstances, the authorisation (following a competitive procedure) will be granted for a limited duration and will not be open to automatic renewal or confer any other type of on the provider whose authorisation has just expired. 24. …

… Article 12 (‘ from among several candidates’) provides: ‘1. Where the number of authorisations available for a given activity is limited because of the scarcity of available natural resources or technical capacity, Member States shall apply a procedure to potential candidates which provides full guarantees of impartiality and transparency, including, in particular, adequate publicity about the launch, conduct and completion of the procedure. 2. …

… Moreover AGCOM had considered not only the financial interests of the State in allocating frequencies in return for payment but also other relevant factors, such as the to be gained by financially reliable companies which would be able to build high-coverage networks and the need to reduce the number of multiplexes available for digital television broadcasting in order to solve problems of interference and issues of international coordination. …

… Given that, from a technological point of view, the development of digital broadcasting is inevitable, it would be advantageous if, before proceeding with the transition to digital , member states, in consultation with the various industries involved and the public, were to draw up a well-defined strategy that would ensure a carefully thought-out transition, which would maximise its benefits and minimise its possible negative effects. 2. …

… On the other hand, the fee-based procedure did allow the entry of new operators into the market, as demonstrated by the allocation of frequencies to C.N. 99. As to AGCOM’s decision to confirm the replacement of the original bidding process with the fee-based procedure, the Government argued that it fell within the powers of the legislature to give AGCOM specific economic objectives to pursue in the allocation of use rights over frequencies. …

… Third, it must confer a on the recipient. …

… is to aim at a high level of , taking into account the diversity of situations in the various regions of the European Union. …

… Legal context European Union law The FEU Treaty 3 Article 191(2) TFEU is worded as follows: ‘Union policy on the shall aim at a high level of taking into account the diversity of situations in the various regions of the [European] Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. …

… Furthermore, it was difficult to exclude fully any choke effect, so that the Council may legitimately prefer not to limit excessively all the TACs, in particular because that had the of creating a major incentive for fishing more . Indeed, if fishers managed to reduce the catches of the limiting stock, they could fish more of the stocks with higher TACs. …

… In that regard, the abovementioned provision provides that ‘Union policy on the shall aim at a high level of taking into account the diversity of situations in the various regions of the Union’ and ‘it shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay’. 120 However, the case-law makes clear that, although the institutions …

… Finally, it was difficult to exclude fully any choke effect, so that the Council could legitimately prefer not to limit excessively all the TACs, in particular because this had the of creating a major incentive for fishing more . …

… In that regard, the abovementioned provision provides that ‘Union policy on the shall aim at a high level of taking into account the diversity of situations in the various regions of the Union’ and ‘it shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay’. 115 However, the case-law makes clear that, although the institutions …

… SAP can also be used in food-related industries, for example as refrigerant or freshness-keeping agents, and in household products, such as disposable heating packs or fragrance. In addition, SAP can be used in agriculture for water retention. …

… Logically, then, users, as profit-oriented companies, will balance the of the features of a certain type of SAP offered by several suppliers against the most cost-efficient sourcing. That is different from a situation where users are restricted from choosing the cheapest supplier due to quality or technical issues. …

… The use of SAP in disposable sanitary products is, however, by far the predominant use compared to other applications. 5 On 4 January 2021, the European Superabsorbent Polymer Coalition lodged a complaint with the European Commission pursuant to Article 5 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on against dumped imports from countries not members of the European Union (OJ 2016 L 176, p. 21; ‘the basic regulation’), relating to dumping and …

… For example, in the applicants’ view, the qualifications of the staff listed in Golden Prince LLC’s bid had not given them an obvious over the staff of the applicant company. Without further explanation, it was impossible to understand how the above-mentioned factors had weighed in favour of Golden Prince LLC. 63. The Broadcasting Law and the Licensing Rules stipulated a very broad list of criteria – several of which were vague. …

… of the ; - the broadcasting of cultural, creative, educational, moral, ethical and other socially-oriented programmes; - regular reflection of our people’s struggle for the defence of the sovereignty and territorial integrity of our country; - respect [given] to the rights of the ethnic minorities; - advocacy for ethnic-minority cultures and universal culture; - advocacy for democratic values, legal knowledge and a healthy lifestyle; - the broadcasting of educational programmes for children …

… local events and the lifestyle of the population living in the area covered by the [broadcast network]; - the preference [given] to the use of the State language and to broadcasting programmes in the State language, in strict observance of the requirements in respect of its use; - strict observance of the principles of freedom of speech and pluralism; - advocacy for universal values such as mercy, humanism, honour, conscience, friendship, respect for the historical past, love for the motherland and …

… If, however, the and disadvantages of the different options have similar weight, it becomes more difficult to justify the . In that case, it may become necessary to provide more detailed information on the reasonable alternatives in the environmental report, even if this involves considerable effort. 64. …

… The objectives of the SEA Directive are set out in particular in Article 1: ‘The objective of this Directive is to provide for a high level of of the and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development, by ensuring that, in accordance with this Directive, an environmental assessment is carried out of certain plans and programmes which are likely to have …

… It is disputed whether one of these measures falls under the abovementioned exemption and whether, in the environmental assessment carried out in respect of the second measure, the effects on the of the alternatives were examined sufficiently. II. Legal framework 3. …

… Third, it must confer a on the beneficiary. …

… The of the 80 As regards the condition relating to the grant of a , it follows from the settled case-law of the Court that the assessment of that condition requires a determination as to whether, under a particular legal regime, a national measure is such as to favour ‘certain undertakings or the production of certain goods’ over others which, in the light of the objective pursued by that regime, are in a comparable factual and legal situation and which are …

… on national producers of green electricity. …

… Third, it must confer a on the beneficiary. …

… of the within it. - The proportionality of limiting PHV service licences to one thirtieth of taxi service licences 94 As the Advocate General pointed out in points 80 and 81 of his Opinion, the proceedings before the Court have revealed no evidence that the measure limiting PHV licences to one thirtieth of taxi licences is capable of guaranteeing the achievement of the objectives of sound management of transport, traffic and public space and of of the . 95 In that …

… of its , or that it does not go beyond what is necessary in order to attain those objectives. …