Commerz Nederland NV v Havenbedrijf Rotterdam NV

European Union – Reference to European Court. The Court of Justice of the European Union made a preliminary ruling, in which it held that, on a proper construction of art 107(1) of the Treaty on the Functioning of the European Union, for the purposes of determining whether or not the guarantees provided by a public undertaking were imputable to the public authority controlling that undertaking, the following were relevant, together with the body of evidence arising from the circumstances of the case in the main proceedings and from the context in which they had taken place: on the one hand, that the sole director of the company providing those guarantees acted improperly, deliberately kept the provision of those guarantees secret and disregarded the undertaking's statues and, on the other, that that public authority would have opposed the provision of the guarantees, had it been informed of it.

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