As regards the allegation that the State had failed in its duty of care as shareholder with regard to the Company's past conduct, the French authorities maintain that the argument to the effect that a prudent investor would not have found himself in the same situation as the French State is irrelevant as, according to well established case law, the Commission has to place its analysis at the time when the investment decision was taken, unless it can be shown that the State's past conduct involves aid elements, something which has not been claimed in the present case.

Although there are no solid theories on the matter, research and experiments, as well as all the theoretical parallels, suggest that the risk to nature presented by the deliberate release of GMOs is so dangerous and poses such a threat to the environmental and ecological health of Madeira, that it is not worthwhile risking their use, either directly in the agricultural sector or even on an experimental basis.

In order for the Municipality to obtain an immediate start of the construction works, SJB had to give up it right to invoke the 70 % clause and had to start the construction works with the that the housing units might not be sold.

Furthermore, as prices are fixed in advance, generators the that their costs will exceed the agreed prices.

It considers that, in its capacity as capital investor, Fintecna's objective of making profit therefore falls within well established range:

Instead of incurring the mark-to-market losses, the preferred solution was for the Free State of Saxony to provide state guarantee on portfolio of structured investments.

Fintecna's conduct is in this case indeed that of an informed risk capital investor seeking to limit its risk and having precise profitability target informing its investment decision.

The Commission’s Communication concluded that unless Bulgaria took the necessary corrective actions, it that the Commission, at its own initiative or at the request of Member State, restricted access to the internal aviation market; that furthermore, Bulgarian registered aircraft which did not comply with EU civil aviation safety rules could be subject to appropriate safeguard measures.

areas are set aside where workers can eat and drink without contamination by asbestos dust;

Ofex is further concerned that Investbx would ‘crowding out’ other providers as result of the provision of state aid to Investbx, namely discouraging other potential investors from providing additional capital to other existing or potential share trading markets.

As general rule, cartels coming into play not when undertakings make large profits but precisely when sector encounters problems.

The fact that more people are employed in the downstream industry than in the PSF production does not in itself justify to put at Community industry which can merely be less labour intensive than the downstream industry and which is, as demonstrated in recital 154 above, also vital for the users, since all the cooperating users purchased partially the Community product.

However, by refusing transfer they would the of being dismissed according to the generally applicable rules for civil servants unless another suitable position could be found: in such circumstances civil servants have a right of priority to vacant positions within the state administration (but not to compensation for salary) [36].While employees could therefore choose to remain in State employment, transfer of the employees of the Production Department to the new entity (Mesta AS) was a prerequisite in order for the liberalisation to place at all.

Networks based on multiple fibre lines ensure that access seekers can obtain full control over fibre lines, without having to duplicate costly investments or discriminatory treatment in case of mandated single fibre unbundling.