2. Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States.
3. Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.
However, none of that analysis troubled the Fourth Chamber in their deliberations. Instead they were more concerned that the person responsible for the copying should actually pay for that privilege, which rather misses the point made in the recitals that the emphasis of the calculation should be based on the (potential) harm suffered by the rightholder.