Private creditor test: The Court of Justice of the European Union upholds a General Court of the European Union’s judgment requiring the European Commission to examine, even at the sole beneficiary’s request, all the elements that a Member State should have considered in order to assess, ex ante, the behaviour of a hypothetical private creditor being in similar situation (Frucona Košice)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The series of Frucona cases will not go unnoticed. These judgements have already left their mark on the interpretation of the "private creditor" test for state aid (now generically referred to by the Commission as a "market economy operator" - see Commission Communication on the concept of "state aid" referred to in Article 107(1) of the Treaty on the Functioning of the European Union, OJEU C 262, pp. 1-50). A broad interpretation of the situations requiring the application of the private creditor test and the Commission's obligations in this regard Well-established case law does not identify an advantage in economic transactions carried out by public