94That settled case-law was confirmed by the judgment in Commission v EDF and Others, cited in paragraph 91 above (EU:C:2012:318), which stated in paragraph 105 that, in particular for the purposes of applying the private investor test, the only relevant evidence is the information which was available, and the developments which were foreseeable, at the time when the decision to conduct the operation in question was taken. That is especially so where, as in the present case, the Commission is seeking to determine whether there has been State aid in relation to a measure which was not notified to it and which, at the time when the Commission carries out its examination, has already been implemented by the public body concerned.
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