public sector [ nationalised industry | public corporation | public enterprise | public undertaking | state sector | State undertaking | Public enterprise(STW) | public enterprises(UNBIS) ]

public enterprise | public corporation | state enterprise | state-owned enterprise | SOE | state-owned corporation | government enterprise | government corporation

European Centre of Enterprises with Public Participation [ CEEP | European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest ]

public enterprise rationalization loan(PERL) | public enterprise reform loan | public enterprise rehabilitation loan

Company nurse

government corporation | Crown corporation | government business enterprise | state-owned corporation | state-owned enterprise

European Joint Undertaking [ ARTEMIS Joint Undertaking | BBI Joint Undertaking | Bio-based Industries Joint Undertaking | Clean Sky Joint Undertaking | ECSEL Joint Undertaking | ENIAC Joint Undertaking | FCH Joint Undertaking | FCH JU | Fuel Cells and Hydrogen Joint Undertaking | Fusion for Energy Joint Undertaking | IMI Joint Undertaking | S2R Joint Undertaking | S2R JU | SESAR Joint Undertaking | Shift2Rail Joint Undertaking ]

In the same judgment the Court established a non-exhaustive set of possible indicators relevant for the question of state imputability, as detailed in recital 268: the fact that the undertaking through the intermediation of which the aid has been granted had to take into account directives issued by governmental bodies; the integration of the public undertaking into the structures of the public administration; the nature of the undertaking's activities and the exercise of the latter on the market in normal conditions of competition ...[+++]with private operators; the legal status of the undertaking; the intensity of the supervision exercised by the public authorities over the management of the undertaking; and any other indicator showing, in the particular case, an involvement by the public authorities in the adoption of a measure or the unlikelihood of their not being involved, having regard also to the compass of the measure, its content, or the conditions which it contains.

In order to ensure a level playing field, it should also be possible to exclude joint venture companies from the scope of this Directive if they are jointly held by local energy utilities or operators falling within point (f) of Article 3 of Directive 2003/87/EC who do not provide any services other than investment services for local energy utilities or operators falling within point (f) of Article 3 of Directive 2003/87/EC, and provided that those local energy utilities or those operators will be exempt under point (j) of Article 2(1) should they carry out those investment services themselves.

Subsequently, the Court has indicated the following indicators allowing to infer the imputability to the State of a measure taken by a public undertaking: (i) the fact that the undertaking in question could not take the contested decision without taking account of the requirements of the public authorities; (ii) the fact that, apart from factors of an organic nature which linked the public undertakings to the State, a public undertaking, through the intermediary of which aid had been granted, had to take account of directives issued by a central government body, i.e. Comitato Interministeriale per la Programmazione Economica (CIPE); (i ...[+++]ii) integration of the public undertaking to the structures of the public administration of the State; (iv) the nature of the undertaking's activities and whether such activities are exercised out on the market in normal conditions of competition with private operators; (v) the legal status of the undertaking (in the sense of its being subject to public law or ordinary company law); (vi) the intensity of the supervision exercised by the public authorities over the management of the undertaking, or (vii) any other indicator showing, in the particular case, an involvement by the public authorities in the adoption of a measure or the unlikelihood of their not being involved, having regard also to the compass of the measure, its content or the conditions which it contains.

Other indicators might, in certain circumstances, be relevant in concluding that an aid measure taken by a public undertaking is imputable to the State, such as, in particular, its integration into the structures of the public administration, the nature of its activities and the exercise of the latter on the market in normal conditions of competition with private operators, the legal status of the undertaking (in the sense of its being subject to public law or ordinary company law), the intensity of the supervision exercised by the pu ...[+++]blic authorities over the management of the undertaking, or any other indicator showing, in the particular case, an involvement by the public authorities in the adoption of a measure or the unlikelihood of their not being involved, having regard also to the compass of the measure, its content or the conditions which it contains’ (32).