CASE COMMENTS : STATE AIDS - PRIVATE VENDOR TEST – STATE AS A PUBLIC AUTHORITY – TENDER PROCEDURE – MARKET PRICE - BANK

Private vendor test : The Court of Justice of the European Union confirms that the obligations of a Member State resulting from the granting of a an aid cannot be taken into account when applying the private vendor test (Land Burgenland)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Court had before it appeals against the judgments in Burgenland (TEU, 28 February 2012, Land Burgenland and Republic of Austria v Commission, Joined Cases T-268/08 and T-281/08) and GRAWE (TEU, 28 February 2012, Grazer Wechselseitige Versicherung v Commission, Case T-282/08).. The Court of First Instance dismissed the actions brought against a Commission decision of 30 April 2008 declaring incompatible aid granted in connection with the privatisation of a Landesbank (Hypo Bank Burgenland AG, 'BB'), sold to GRAWE by the Austrian authorities. At the time of the sale at issue, the Austrian authorities had decided to give preference to GRAWE's bid over

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  • European Commission - Legal Service (Brussels)

Quotation

Bruno Stromsky, Private vendor test : The Court of Justice of the European Union confirms that the obligations of a Member State resulting from the granting of a an aid cannot be taken into account when applying the private vendor test (Land Burgenland), 24 October 2013, Concurrences N° 1-2014, Art. N° 63347, pp. 141-142

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