5. Is CMH a public or a private company?
CMH is a private company constituted by agreement of the participating stockholders i.e. by a contract of partnership governed by the regulations of the Commercial Code, its Articles of Constitution and the relevant commercial legislation.
Even though CMH has the State and ENP, EP as majority stockholders, both these institutions participate in the company as private stockholders in terms of Paragraph 2 of Clause 332 of the Commercial Code.
When the State participates in a private company, as is the case with CMH, it does so divested of its sovereign power and submits itself to private law, whereas in the case of a public company, it retains that power (jus imperi).