36In addition, it is to be considered that the fact that the sole director of the public undertaking acted improperly does not, of itself, exclude such involvement. Indeed, as observed by the referring court itself and by the Advocate General, in paragraphs 90 and 91 of his Opinion, the effectiveness of the rules on state aid would be considerably weakened if their application could be excluded, merely because a director of a public undertaking disregarded that undertaking’s statutes.
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