CASE COMMENTS: STATE AIDS – GENERAL COURT – PRIVATE INVESTOR TEST – PRIVATE CREDITOR TEST

State acting as a public authority : The General Court of the European Union annuls a European Commission’s decision because it applied the private investor test instead of the private creditor test in a situation where the claim of the State resulted from an action carried out in its capacity as a public authority (FIH)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The "FIH" judgment proposes a new answer to a question which seemed to be resolved by the judgment of the Court of Justice of the European Communities in Land Burgenland (CJEU, 24 October 2013, Land Burgenland and Others v Commission(Case C-214/12 P e.a.). when applying the prudent private operator in a market economy test, must the consequences of previous decisions of the State acting as a public authority be taken into account? While the Commission, on the basis of its interpretation of the Court's case-law, gives a negative answer to that question, the Court of First Instance takes a different approach. Moreover, the FIH decision draws a much more

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, State acting as a public authority : The General Court of the European Union annuls a European Commission’s decision because it applied the private investor test instead of the private creditor test in a situation where the claim of the State resulted from an action carried out in its capacity as a public authority (FIH), 15 September 2016, Concurrences N° 1-2017, Art. N° 83431, pp. 174-176

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