Robert Schütze. European Union Law 2 ed. 2018. p. 101. All emboldenings are mine.
Transcribing everything takes too long, thus I'll transcrible just the gag line. See my red arrow.
Vertical direct effect would thus not only apply to private parties exercising public functions, but also to public authorities engaged in private activities.116 This double extension of the doctrine of vertical direct effect can be criticised for treating similar situations dissimilarly, for it creates a discriminatory limitation to the no-horizontal-direct-effect rule. However, the Court has recently confirmed that both extensions are an integral result of the Foster doctrine.117
How does this "double extension of the doctrine of vertical direct effect"
treat "similar situations dissimilarly"?
create "a discriminatory limitation to the no-horizontal-direct-effect rule"?