However, in the light of the provisions of Article 4(1) of the basic Regulation, it was considered, that the relationship between these related producers and the exporters or importers of the dumped product was such as to cause the related producers concerned to differently from non-related producers.

It was considered, in particular, that the relationship between these related producers and the exporters or importers of the dumped product could be such as to cause the producers concerned to differently from non-related producers.

When examining again its situation in the light of the provisions of Article 4 of the basic Regulation, it has to be recalled that the producer did not differently from other complainant non-related Community producers.

With regard to the non-enforcement of the debt under the 2001 rescheduling and the company’s previous failures to meet its obligations, no private creditor would have like the Bulgarian State.

The Commission is of the view that no private creditor would have like the Hungarian State.

According to the information provided by the Dutch authorities, the limited partnership and SGN (acting on its behalf) like any other market player towards its clients (the individuals from whom the property or land is purchased, who maintain this property or land or who buy the property or land).

In its ruling in case C-305/89 (Italian Republic v Commission of the European Communities) [19], the Court took the view that a private investor, whose involvement must be compared with that of a public investor pursuing economic policy aims, will not necessarily like an ordinary investor laying out capital with a view to seeing a return in the (more or less) short term, but must at least behave like a private holding company or a private group and undertakings pursuing a structural policy and is guided by the prospects of longer-term profitability.

It is therefore necessary to analyse whether the measures taken by SNCB concerning IFB from 20 December onwards conferred an advantage upon the beneficiary, or if, on the contrary, SNCB like an informed investor in a market economy.

The Commission considers that it has been established that the Belgian State did not like an informed market economy investor when it acquired DBB/Belfius since the sale price was higher than the market value and the Belgian State acquired DBB/Belfius to prevent the financial situation of the Group and therefore of the Belgian financial system from deteriorating.

The Commission thus concluded that ENEL was like a rational market operator in granting the tariff and the measure was according declared not to constitute State aid within the meaning of Article 87(1) of the EC Treaty.

In that situation, the Commission had to ascertain whether ENEL was selling at an artificially low price or like a rational market economy operator.

In that situation, the Commission had to ascertain whether ENEL was selling at an artificially low price or like a rational market economy operator.

In regeneration mode (electrical braking), the train shall not like a capacitor greater than 60 kVAr at any regenerated power, i.e. capacitive power factor is prohibited during regeneration.

In regeneration mode (electrical braking), the train shall not like a capacitor greater than 60 kVAr at any regenerated power, i.e. capacitive power factor is prohibited during regeneration.

In regeneration mode (electrical braking) the train shall not like a capacitor greater than 60 kVAr at any regenerated power, i.e. capacitive power factor is prohibited during regeneration.

Where those controls cannot ensure that an EQS is met, for example in the case of a substance like a ubiquitous PBT, but stricter conditions would not either, even in conjunction with stricter conditions for other discharges, emissions and losses affecting the water body, such stricter conditions could not be considered as being required to meet that EQS.

The Dutch State having to act swiftly to preserve financial stability in the Netherlands, could not like a market economy investor and take more time to consider the integrated transactions of 3 October 2008 and the CSA-related obligations in further depth.

The Commission, however, maintains its view that the Free State of Saxony did not like a market economy investor when selling Sachsen LB.

It raised doubts as to whether the Free State of Saxony had like a market economy investor because liquidation would have been less costly than accepting the sale with the guarantee, and thus the sale might involve state aid elements to Sachsen LB.

The Dutch State did not try to bring the interest rates of the redeemable loans in line with post-crisis interest rates, thereby not like a market economy investor.