Judgment of the General Court of 28 February 2012 - Land Burgenland and Austria v Commission
(Joined Cases T-268/08 and T-281/08)
(State aid - Aid granted by the Austrian authorities to the Grazer Wechselseitige group (GRAWE) in connection with the privatisation of Bank Burgenland - Decision declaring the aid to be incompatible with the common market and ordering its recovery - Private investor in a market economy test - Application where the State acts as vendor - Determination of the market price)
Language of the case: German
Parties
Applicants: Land Burgenland (Province of Burgenland, Austria), represented by U. Soltész and C. Herbst, lawyers (Case T-268/08); and Republic of Austria, represented by G. Hesse, C. Pesendorfer, E. Riedl, M. Fruhmann and J. Bauer, acting as Agents (Case T-281/08)
Defendant: European Commission, represented initially by V. Kreuschitz, N. Khan and K. Gross, and subsequently by V. Kreuschitz, N. Khan and T. Maxian Rusche, acting as Agents
Re:
Application for annulment of Commission Decision 2008/719/EC of 30 April 2008 on State aid C 56/06 (ex NN 77/06) implemented by Austria for the privatisation of Bank Burgenland (OJ 2008 L 239, p. 32).
Operative part of the judgment
The Court:
1. Dismisses the actions;
2. Orders the Republic of Austria and the Province of Burgenland to pay the costs.
____________1 - OJ C 247, 27.9.2008.