116In its reply, the appellant adds, with reference to the judgments of 9 June 2011, Comitato ‘Venezia vuole vivere’ and Others v Commission (C‑71/09 P, C‑73/09 P and C‑76/09 P, EU:C:2011:368, paragraph 99), and of 5 June 2012, Commission v EDF (C‑124/10 P, EU:C:2012:318), that, assuming that the measure in question does not consist of the preferential tariff but of the first order for interim measures, the fact that a court does not rely on commercial parameters does not, it is claimed, prevent the application of the private investor test, since Article 107 TFEU does not make a distinction according to the causes or objectives of State interventions, but defines them according to their effects.
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