Judgment_paragraph 137 · Mytilinaios Anonymos Etairia – Omilos Epicheiriseon v European Commission (C-332/18 P)

137In any event, it should be noted that it follows from the phrase ‘even to consider the private investor test applicable in the very particular circumstances of the case’, in paragraph 132 of the judgment under appeal, that it was only for the sake of completeness that the General Court applied that test in paragraphs 132 to 136 of that judgment. Consequently, the argument raised by the appellant is not likely, in any event, to lead to the annulment of the judgment under appeal and must therefore be dismissed as ineffective (judgment of 2 April 2009, Bouygues and Bouygues Télécom v Commission, C‑431/07 P, EU:C:2009:223, paragraph 148 and the case-law cited).