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The reality that A non-public social gathering and also a contracting entity (twelve ) co-work within a public-private entity can't serve as justification for your contracting entity not having to comply with the legal provisions on public contracts and concessions when assigning public contracts or concessions to this private celebration or towards the respective public-private entity. eur-lex.europa.eu
Around the 1 hand, the Fee really should confirm if the State, in its role as fiscal authority, has treated all undertakings in precisely the same way; On the flip side, the Commission must validate whether or not the Condition, in its job because the operator of undertakings, behaves like A non-public investor, such as when it decides on dividend payments. eur-lex.europa.eu
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Price ranges are consequently specially interesting for BE, given that, within just such a framework, BNFL, Like all personal investor in a very market economic system, was wanting to give costs going as low as its marginal charges, surrendering section or all of its fixed expenses (it should be famous on the other hand which the preset GBP 140 000/tonne talked about by Greenpeace and noted in recital (53) is incorrect, considering that selling prices in these preparations count on energy prices, as is explained in Desk seven of the aforementioned Fee decision on the restructuring of BE). eur-lex.europa.eu
In its ‘Stardust Maritime’ judgment, the Court declared that ‘to be able to look at whether or not the Point out has adopted the carry out of a prudent investor working inside a marketplace economy, it's important to put oneself inside the context from the period during which the economical guidance actions had been taken in order to evaluate the economic rationality from the Point out’s carry out, and therefore to chorus from any evaluation depending on a later problem’ (thirty). eur-lex.europa.eu
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