On the one hand, a broad reading of the State resources criterion is justified by the fact that Member States may feel tempted to assume a «private form» to evade the
application of State
aid rules; on the other hand, a narrow reading averts the risk of enabling the Commission to conduct «an inquiry on the basis of the Treaty
alone into the entire social and economic life of Member States», as famously summarized by AG Jacobs in Viscido.