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Preface List of Abbreviations PART I Introduction, Objectives, Delimitations and Methodology 1 Introduction PART II Introductory Remarks on the Notion of the MEIP 2 The Dual Capacity of State and the MEIP PART III The Applicability of MEIP 3 Introduction 4 AG Lenz’s View on the Applicability of the MEIP 5 Hytasa: Making a Distinction between the Two Capacities of the State 6 The Relation between the Fulfilment of Obligations, Which the State Assumed as a Public Authority, and the Exercise of Public Powers 7 The Applicability of the MEIP Post-EDF 8 The Applicability of the MEIP to Measures That Were Adopted in Relation to the 2008 Financial Crisis 9 The Applicability of the MEIP to the Financing of Services of General Economic Interest PART IV The Application of the MEIP 10 Preliminary Remarks 11 Economic and Non-economic Objectives Pursued by a Public Investor 12 From Whose Perspective Should One Verify the Profitability of a State Intervention? 13 What Rate of Return Is Required under the MEIP and How to Calculate It? 14 In Search of the ‘Right’ Benchmark of the MEIP in a Given Case 15 When Should the Profitability Analysis Be Undertaken and Why? 16 The Test of Concomitance under the MEIP PART V The Application of the Different Subtypes of the MEIP 17 The MEIP and Its Subtypes PART VI The Judicial Review 18 The Judicial Review of Cases concerning the MEIP PART VII Criticism of the MEIP and Conclusions 19 Criticism of the MEIP 20 Conclusions Bibliography Table of cases Table of Legislation EEA law Miscellaneous Index