Not exact matches
Accordingly, it
follows from all of the foregoing that, in view of the objectives underlying Article [107 (1) TFEU] and the private investor test, an economic advantage must — even where it has been granted through fiscal means — be assessed
inter alia in the light of the private investor test, if, on
conclusion of the global assessment that may be required, it appears that, notwithstanding the fact that the means used were instruments of State power, the Member State concerned conferred that advantage in its capacity as shareholder of the undertaking belonging to it.»
This
conclusion is further supported by... the witnesses» evidence, found,
inter alia, that «One of the effects of criminal sanctions against homosexual acts is to reinforce the misapprehension and general prejudice of the public and increase the anxiety and guilt feelings of homosexuals leading, on occasions, to depression and the serious consequences which can
follow from that unfortunate disease.»
Following the UPCt paradigm, the
conclusion of an
inter se agreement that would establish a European investment court as a shared national court, which could apply EU law rules as well as additional standards of protection, would be the only way to retain a distinct dispute settlement mechanism for intra-EU investment.