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The existence of an advantage has to be proven, not presumed just because its absence cannot be confirmed. Preferential treatment may distort competition but it is not necessarily State aid if there is no transfer of state resources. Legal basis: Article 2 b : 13 ; Article 3 b : ; Article 3 c : Public authorities are allowed to buy and sell shares in companies. They do not confer any advantage to them that constitutes State aid when they behave in the same way as private investors.
If the European Commission suspects that they behave differently, it can prove that State aid has been granted only if it can show that that difference has conferred an advantage; i. Part ii of this article reviews the Commission decision in case SA. Duferco was a steel producer, partly-owned by the Walloon region.
In January , the Commission concluded that State aid had been granted to it through a sale of shares below market price and a loan at an interest rate below the relevant market rate. The Court, first, recalled well-established case law that an advantage is granted to an undertaking when the state does not act as a private investor would in similar circumstances. The private investor principle is one of the elements that the Commission is required to take into account in determining the existence of aid, even when the Member State concerned does not request it.
When the Commission applies the principle of private operator, it is obliged to ensure that the information at its disposal constitutes a sufficient basis for concluding that a company has received State aid.
Lekarna Ljubljana operates more than 50 branches, mostly in Ljubljana but also in about 15 other municipalities. In total there are around public pharmacies in Slovenia.