The EU General Court hands down a controversial judgment expanding market economy investor principle in a financial crisis case (FIH Holding)

A controversial expansion of the MEIP in a financial crisis case - the GC judgment in Case T-386/14 FIH of 15 September 2016 (under appeal)* Introductory remarks Following such landmark cases as Ryanair, [1] EDF [2] and ING, [3] one may observe a truly impressive expansion and development of the MEIP (market economy investor principle). While the EU Courts have (finally) drawn attention to the question of the applicability of the MEIP, the Commission and ESA often have had to decide on quite novel and complex issues when applying the test. In this respect, one may mention applying the MEIP in market conditions that were substantially altered by the financial crisis, [4] proposing new subtypes of the test, such as the private borrower test, [5] or applying the private vendor test to

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Malgorzata Cyndecka, The EU General Court hands down a controversial judgment expanding market economy investor principle in a financial crisis case (FIH Holding), 15 September 2016, e-Competitions Bulletin September 2016, Art. N° 82376

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