Mr. Conleth Bradley:

I will agree with my friend. I will add that the German case, for me, emphasises the margin of appreciation in terms of cost recovery and its implementation. Margin of appreciation is effectively the discretion given to the member state. The decision in the German case has been criticised by leading academics, but it reinforces the outcome of the decision in the sense that it emphasises the margin of appreciation that is left to the member state. The Commission representatives have supported this today.

I would finally add that it must be looked at holistically in respect of Articles 4, 9, 11 and 5. It has to be looked at in the round and that is what the court did.