The EU Court of Justice follows its non-formalistic approach to the application of the market economy private investor test in relation to capital injection subject to repayment (ING Groep)

CJEU further pushes for a universal application of the 'market economy private investor test' (C-224/12)* In its Judgment of 3 April 2014 in case C-224/12 Commission v Netherlands and ING Groep, the Court of Justice of the European Union (CJEU) has followed its antiformalistic approach to the application of the 'market economy private investor test' (see comment to its precedent in C-124/10 EDF here) and has basically consolidated its role as a universal test in the application of Article 107(1) TFEU [for discussion, see A Sanchez Graells, “Bringing the ‘Market Economy Agent’ Principle to Full Power” (2012) 33 European Competition Law Review 35-39]. In its ING Groep Judgment, the CJEU determined that the Commission

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Albert Sánchez Graells, The EU Court of Justice follows its non-formalistic approach to the application of the market economy private investor test in relation to capital injection subject to repayment (ING Groep), 3 April 2014, e-Competitions April 2014, Art. N° 65521

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