96Consequently, where it appears that the private investor test could be applicable, the Commission is under a duty to ask the Member State concerned to provide it with all relevant information enabling it to determine whether the conditions governing the applicability and the application of that test are met (judgments in Commission v EDF and Others, cited in paragraph 91 above, EU:C:2012:318, paragraph 104, and of 3 April 2014 in Commission v Netherlands and ING Groep, C‑224/12 P, ECR, EU:C:2014:213, paragraph 33). If the Member State provides it with evidence of the required nature, the Commission must carry out an overall assessment, taking into account all relevant evidence in the case enabling it to determine whether the recipient company would manifestly not have obtained comparable facilities from a private operator (judgment in Frucona Košice v Commission, cited in paragraph 91 above, EU:C:2013:32, paragraph 73).
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