Private operator: The General Court of the European Union dismissed the aid beneficiary’s action, holding that the European Commission had sufficient reliable and consistent evidence to consider that the guarantee premium was not in line with a market price in that a reasonable private creditor would not have provided guarantees on those terms (Larko)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It is recalled that in a judgment issued on March 26, 2020 in case C-244/18 (Larko Geniki Metalleftiki kai Metallourgiki AE v. European Commission) the European Court of Justice reminded the European Court of First Instance that, when applying the private operator principle, the Commission must take into account the time at which the aid is granted and base its decision on the reliable information available to it, thereby annulling the judgment of the Court of First Instance which had confirmed in all respects the decision of the Commission of 27 March 2014 concluding that several aid measures implemented by the Greek State in favour of a company in

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Private operator: The General Court of the European Union dismissed the aid beneficiary’s action, holding that the European Commission had sufficient reliable and consistent evidence to consider that the guarantee premium was not in line with a market price in that a reasonable private creditor would not have provided guarantees on those terms (Larko), 4 May 2022, Concurrences N° 2-2022, Art. N° 106715, www.concurrences.com

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