Supreme Site Services GmbH and Others v Supreme Headquarters Allied Powers Europe (C-186/19)

Judgment of 3 Sept 2020

law://eu/cjeu/2019/c-186-19/para_66@2026-11-12

66How SHAPE subsequently used the fuel supplied in execution of the BOAs is not, as the Commission argued in its written observations and as was also observed by the Advocate General in point 103 of his Opinion, such as to have an effect on the nature of such a legal relationship. The public purpose of certain activities does not, in itself, constitute sufficient evidence to classify them as being carried out iure imperii, in so far as they do not entail the exercise of any powers falling outside the scope of the ordinary legal rules applicable to relationships between private individuals (judgment of 7 May 2020, Rina, C‑641/18, EU:C:2020:349, paragraph 41 and the case-law cited).

Supreme Site Services GmbH and Others v Supreme Headquarters Allied Powers Europe (C-186/19)

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