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Document 62008TA0268

    Joined Cases T-268/08 and T-281/08: Judgment of the General Court of 28 February 2012 — Land Burgenland and Austria v Commission (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)

    OJ C 109, 14.4.2012, p. 9–9 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    14.4.2012   

    EN

    Official Journal of the European Union

    C 109/9


    Judgment of the General Court of 28 February 2012 — Land Burgenland and Austria v Commission

    (Joined Cases T-268/08 and T-281/08) (1)

    (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)

    2012/C 109/19

    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.


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