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“La Opinión De Un Funcionario Y Su Impacto En La Libre Circulación De Mercancías: La Sentencia 'Agm-Cos.Met'”, Luis González Vaqué

Luis González Vaqué

Statements which, by reason of their form and circumstances, give the persons to whom they are addressed the impression that they are official positions taken by the State, not personal opinions of the official, are attributable to the State. The decisive factor for the statements of an official to be attributed to the State is whether the persons to whom those statements are addressed can reasonably suppose, in the given context, that they are positions taken by the official with the authority of his office.

To the extent that they are attributable to the State, statements by an official describing …