Arrive 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 A tal riguardo, si deve rilevare, analogamente all’avvocato generale al paragrafo thirty delle proprie conclusioni, che l’accordo quadro riveduto non contiene nessuna disposizione che autorizzi deroghe ai diritti garantiti.

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Because the Advocate Basic observed in paragraph fifty eight of his Opinion, if this sort of quantitative standards are ample to classify an enterprise as being a public endeavor, that need to be the situation a fortiori when pinpointing the conditions below which community financing is usually to be viewed as In most cases.