27In the second place, as regards the relevance of the subjective state of mind, it must be noted, as the Advocate General pointed out in point 74 of his Opinion, that the starting point for determining whether the private operator test is to be applied must be the economic nature of the Member State’s action, not how that Member State, subjectively speaking, thought it was acting or which alternative courses of action it considered before adopting the measure in question.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.