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Come evidenziato dall'avvocato generale al paragrafo fifty eight delle sue conclusioni, se un'impresa può essere qualificata «impresa pubblica» alla luce dei suddetti requisiti quantitativi, tali requisiti rilevano a fortiori anche allorché si tratta di stabilire quando un finanziamento pubblico debba essere qualificato «preponderante».
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59 In this regard, it ought to be noted, as did the Advocate General in place 30 of his Viewpoint, that the revised Framework Settlement incorporates no provisions authorising derogations from rights As a result guaranteed.
Since the Advocate Common observed in paragraph fifty eight of his Viewpoint, if these quantitative conditions are sufficient to classify an undertaking like a public undertaking, that needs to be the situation a fortiori when analyzing the conditions less than which community financing is usually to be considered to be In most cases.