The Commission also found that loans granted after that date by the German public credit institution for development Kreditanstalt für Wiederaufbau (KfW) and by the Bavarian public bank Bayerische Landesbank were granted on terms that a private investor operating under market conditions would have accepted (the market economy investor principle – MEIP) and therefore conferred no economic advantage to the operators and owners of terminal 2.

It does not follow that it will be unlawful discrimination if provision were made in such general conditions for different tariffs and conditions to apply to the provision of a service, where those tariffs, prices and conditions are justified for objective reasons that can vary from country to country, such as additional costs incurred because of the distance involved or the technical characteristics of the provision of the service, or different market conditions, such as higher or lower demand influenced by seasonality, different vacation periods in the Member States and pricing by different competitors, or extra risks linked to rules d ...[+++]iffering from those of the Member State of establishment.

Passing on materially inaccurate information on market conditions or on the possibility of finding the product with the intention of inducing the consumer to acquire the product at conditions less favourable than normal market conditions.

Thus, any information gathered, any findings made and any studies or reports commissioned or relied upon by NRAs (or NCAs) in the exercise of their tasks, in relation to the conditions of competition in the telecommunications markets (provided of course that market conditions have since remained unchanged), should serve as a starting point for the purposes of applying Article 15 of the framework Directive and carrying out a prospective market analysis(21).

The fact that the issue was well received should be a strong encouragement for others borrowers to consider the ECU market .

THE COUNCIL CALLS UPON THE COMMISSION 1. to facilitate industrial cooperation with the countries of Central and Eastern Europe by supporting the development of a climate and a regulatory framework favourable to enterprises and to inter- enterprise agreements; to that end, and in order to overcome barriers to industrial cooperation and to greater integration in the European economy, the following are deemed priorities: (a) increased support for those countries to improve the framework conditions for investment, and in particular transparency and legal security for investors, and the alignment of investment protection rules on those obtai ...[+++]ning within the Community; (b) technical assistance for the countries of Central and Eastern Europe to take over the acquis communautaire on competition, which is a necessary condition for setting up an internal market and developing trade and industrial investment; (c) increased technical assistance to bring standards and conformity evaluation procedures into line with those in force within the Community, including environmental protection standards, in particular by encouraging the CCEE to join the relevant international standardization organizations; (d) a significant increase in the organization of round tables between Community and East European industrialists on technological and market trends to boost the development of industrial cooperation; (e) a special effort to strengthen scientific and technological cooperation, particularly in terms of the information society and to improve links between research and industrial development in those countries; 2. to promote cooperation between industrial operators by means of flanking and support measures for the implementation of projects, namely: (a) development of management training initiatives carried out in particular by Community industrial operators, notably for East European company executives; (b) increased support for feasibility and profitability studies of specific pr ...