Market economy operator: The General Court of the European Union confirms that an investment in a small airport whose long-term profitability is not established does not meet the test of a private operator in a market economy (Gmina Miasto Gdynia, Port Lotniczy Gdynia Kosakowo)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Two Polish municipalities have set up a wholly-owned company with the aim of converting the military airport of Gdynia-Oksywie in Pomerania, mainly for use by low-cost airlines. In financing this conversion, the municipalities claimed to have acted as private investors and provided studies to this effect, which did not convince the Commission. After some procedural complications (due to the partial withdrawal of a first final decision because of a mismatch with the opening decision) the Commission adopted a negative final decision with recovery. This decision had been annulled by a judgment of November 17, 2017 (Case T-263/15, Concurrences No. 1-2018) due to