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FIH Holding and FIH Erhvervsbank v European Commission  ∙ T‑386/14 ∙ Annotation by Małgorzata Agnieszka Cyndecka

Annotation on the Judgment of the General Court (Sixth Chamber) of 15 September 2016 in Case T‑386/14 FIH Holding and FIH Erhvervsbank v European Commission

Małgorzata Agnieszka Cyndecka


Following the ING case in which the Court raised controversy by ruling on the applicability of the MEIP to an amendment to the repayment terms of aid, the FIH judgment may well become equally debatable. This time, however, the development and refinement of the MEIP may have possibly gone in the wrong direction. This annotation explains how the Commission and the GC dwelled on the fundamental distinction between the applicability and application of the MEIP, and analyses whether their conclusions were correct in light of the existing case law and the logic of the MEIP.
Keywords: Market Economy Investor Principle; Applicability; Application.

Małgorzata Agnieszka Cyndecka, PhD, Postdoctoral researcher at The Faculty of Law, University of Bergen. DOI: 10.21552/estal/2017/1/13


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