CASE COMMENTS : STATE AIDS – CONCEPT OF STATE AID – ADVANTAGE – PRIVATE INVESTOR TEST – FINANCIAL SECTOR – SERIOUS DISTURBANCE IN THE ECONOMY OF A MEMBER STATE – REPAYMENT TERMS OF THE AID – MODIFICATION OF THE CONDITIONS OF COMPATIBILITY – BANK

Private investor test: The General Court rules that the private investor test principle should be applied for the assessment of amendments to the repayment terms for a capital injection in a bank and annuls partly the decision (Netherlands and ING Groep)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. GCEU, 2 March 2012, Netherlands and ING Groep v. Commission, joined cases T-29/10 and T-33/10 The Court of First Instance annuls a Commission decision which, on the basis of commitments on the part of the Netherlands, classified as compatible aid a change in the conditions for repayment of a capital injection by the State, which itself constituted aid. The origins of the case: A renegotiation of the terms of repayment of the capital injected by the State into ING Like many other financial institutions, ING benefited from the various aid measures granted to it to remedy a serious disturbance in the economy as a result of the global financial crisis. For

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, Private investor test: The General Court rules that the private investor test principle should be applied for the assessment of amendments to the repayment terms for a capital injection in a bank and annuls partly the decision (Netherlands and ING Groep), 2 March 2012, Concurrences N° 3-2012, Art. N° 48430, pp. 171-174

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