24It should be noted in that connection that the ONSS did not, in granting the payment facilities in question, act as a public investor whose conduct must, in accordance with settled case-law (see, in particular, Case C-42/93 Spain v Commission [1994] ECR I-4175, paragraph 14), be compared to the conduct of a private investor pursuing a structural policy — whether general or sectoral — guided by the longer term prospects of profitability of the capital invested. Indeed, as the Advocate General has pointed out in points 34 to 36 of his Opinion, the ONSS must be held to have acted, vis-à-vis DMT, as a public creditor which, like a private creditor, is seeking to obtain payment of sums owed to it by a debtor in financial difficulties (see, to that effect, the judgment in Spain v Commission, cited above, paragraph 46).
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