CASE COMMENT: STATE AID - MARKET ECONOMY INVESTOR
Market economy investor criterion: The General Court confirms the Commission’s approach in the case of the privatisation of a regional Austrian bank (Hypo Bank Burgenland)
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Trib. EU, 28 Feb. 2012, Case T-282/08, Grazer Wechselseitige Versicherung v. European Commission
By two judgments delivered yesterday, 28 February 2012, in the joined cases of T-268/08 and T-281/08, Land Burgenland and the Republic of Austria v European Commission, and in Case T-282/08, Grazer Wechselseitige Versicherung v. European Commission, the Court of First Instance of the European Union has come confirm in all respects the Commission's analysis, in particular the approach adopted in its decision of 30 April 2008 on the application of the criterion of the private investor, and in particular the need to operate an distinction between the obligations
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