- Jahrgang 13 (2014), Ausgabe 3
- Vol. 13 (2014), Nr. 3
- >
- Seiten 528 - 537
- pp. 528 - 537
Annotation on the Judgment of the Court of Justice of 21 March 2013 in case C-405/11 P – Buczek Automotive sp. z o.o.
In a judgment of 21 March 2013, the Court of Justice held that refraining from petitioning for the bankruptcy of a company in financial difficulties could only amount to State aid in case a hypothetical private creditor in the same market circumstances would have decided to petition for bankruptcy (‘Hypothetical Private Creditor test’).