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The EU Court of Justice clarifies the interpretation of the private investor principle in cases involving privatisations at a negative sales price (Gröditzer Stahlwerke)

"The market investor principle in privatisations – European Court of Justice upholds the Commission’s decision on Gröditzer Stahlwerke GmbH"*Introduction On 28 January 2003 [1], the European Court of Justice (‘the Court’ or ‘the ECJ’) upheld (‘the judgement’) the Commission’s partially negative decision on State aid granted by Germany to Gröditzer Stahlwerke GmbH (‘GSW‘) and its subsidiary Walzwerk Burg GmbH (‘the decision’) [2]. With this judgement the Court provides an important clarification on the interpretation of the private investor principle in cases involving privatisations at a negative sales price. Background The judgement relates to the decision in which the Commission declared incompatible part of the State aid implemented by Germany for the restructuring and privatisation of GSW.

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Steffen Suehnel, The EU Court of Justice clarifies the interpretation of the private investor principle in cases involving privatisations at a negative sales price (Gröditzer Stahlwerke), 28 January 2003, e-Competitions January 2003, Art. N° 36914

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