CASE COMMENTS: STATE AIDS – CJEU – PRIVATE INVESTOR TEST – PRIVATE CREDITOR TEST – STATE ACTING IN ITS CAPACITY AS A PUBLIC AUTHORITY

State acting in its capacity as a public authority: The Court of justice of the European Union finds that, when implementing the private investor test, one should disregard the claims of the State resulting from past action carried out in its capacity as a public authority, and therefore annuls a judgement of the General Court of the European Union (FIH)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In its judgment of 15 September 2016 (Trib. UE, 15 Sept. 2016, FIH Holding and others. Case T-386/14, see Concurrences n° 1-2017), the Court of First Instance seemed to depart from the Land Burgenland case law (CJEU, 24 October 2013, case C-214/12 P and others). see Concurrences n°1-2014). On appeal, however, the Court reaffirms the topicality of the latter and sets aside the judgment of the Court of First Instance. The Court thus confirms that it is necessary to disregard the consequences of the earlier intervention of the State as a public authority in the context of the application of the private operator test to a subsequent measure. The question of

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, State acting in its capacity as a public authority: The Court of justice of the European Union finds that, when implementing the private investor test, one should disregard the claims of the State resulting from past action carried out in its capacity as a public authority, and therefore annuls a judgement of the General Court of the European Union (FIH), 6 March 2018, Concurrences N° 2-2018, Art. N° 86944, pp. 127-129

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