The EU Court of Justice confirms that support measures adopted by an Italian bank consortium did not constitute State aid (Banca Popolare di Bari)

On 2 March 2021, the European Court of Justice ("ECJ") dismissed in its entirety the European Commission's appeal against the General Court's judgment regarding financial support adopted by an Italian consortium of banks for the benefit of one of its members. The General Court found correctly that those measures, which were approved by the Bank of Italy, were not imputable to the Italian State and thus did not constitute State aid. What you need to know – key takeaways The appropriate evidence for the purpose of demonstrating that a measure adopted by a private entity is imputable to the State differs