Private creditor test: The General Advocate Kokott invites the Court to clarify the test of a private creditor in a market economy (Frucona Košice)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 6 September 2012, Advocate General Juliane Kokott, has delivered conclusions in an aid case in Case C-73/11 (Frucona Košice a.s. v Commission of the European Communities) European). For the sake of brevity, it will be recalled that, in this case, the Commission, approved by the Court of First Instance of the European Union, has considered that a Slovak tax authority, which had waived in 2004, in the framework of the of a composition agreement, in favour of the applicant for 65 % of its