CASE COMMENTS: STATE AIDS - ECONOMIC ENTITY - SELECTIVITY
Selectivity - Economic entity: The ECJ holds that an economic activity can be both the fact of an operator acting directly on the market and of another entity (Cassa di Risparmio di Firenze)
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– ECJ, 10 January 2006, Cassa di Risparmio di Firenze and others. Case C-222/04, not yet published in the ECR.
This is one of the first cases in which the Court has had to interpret the concept of "undertaking" in the context of State aid law. The concepts of 'undertaking' and 'economic activity' must be interpreted in the field of State aid law according to the same guidelines as those which the Court has laid down for the application and interpretation of Articles 81, 82 and 86 EC.
The case relates to the process of restructuring and privatisation of the public banking sector in Italy with which the Commission and the Court are familiar (see judgments in
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