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New Trends Concerning the Application of the Private Investor Test

Martin Köhler


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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