CASE COMMENTS : STATE AID - BANKING SECTOR - CAPITAL INJECTION - AID PARTIALLY INCOMPATIBLE - PRIVATE INVESTOR CRITERION

Private investor test: The General court dismisses the action in annulment introduced by a German federation of private banks against a Commission decision declaring only partially incompatible the transfer of public assets to a regional bank on grounds of a correct application of the private investor test by the Commission (Bundesverband deutscher Banken)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – General Court, 3 March 2010, Bundesverband deutscher Banken v. Commission, Case T-163/05, This case concerns one of the 'Landesbanks', Landesbank Hessen-Thüringen Girozentrale (the Landesbank), which has a status equivalent to that of German banks that benefited from individual measures in the context of the financial crisis, such as Landesbank Baden Württemberg (decisions of 30 June 2009 and 15 December 2009) or West LB (decisions of 7 October 2009 and 22 December 2009). The judgment is interesting because it illustrates the application of the market economy investor test. Landesbank is a bank under public law owned 85 % by Sparkassen and Giroverband

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Jacques Derenne, Private investor test: The General court dismisses the action in annulment introduced by a German federation of private banks against a Commission decision declaring only partially incompatible the transfer of public assets to a regional bank on grounds of a correct application of the private investor test by the Commission (Bundesverband deutscher Banken), 3 March 2010, Concurrences N° 3-2010, Art. N° 32001, pp. 132-134

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