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New Trends Concerning the Application of the Private Investor Test

Martin Köhler

DOI https://doi.org/10.21552/ESTAL/2011/1/218

I. Introduction In its judgment in the EDF case,1 the General Court came to the conclusion that the private investor test was also applicable in a situation where the measure at stake (the measure that allegedly constituted State aid within the meaning of Article 107(1) TFEU) consisted in a specific provision in corporate tax law. This statement is not at first sight compatible with the permanently prevailing assumption that the private investor test


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