Arrive evidenziato dall'avvocato generale al paragrafo 58 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 30 delle proprie conclusioni, che l’accordo quadro riveduto non contiene nessuna disposizione che autorizzi deroghe ai diritti garantiti.

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