Joined Cases C-214/12 P, C-215/12 P and C-223/12 P: Judgment of the Court (Second Chamber) of 24 October 2013 — Land Burgenland, Grazer Wechselseitige Versicherung AG, Republic of Austria v European Commission (Appeal — Competition — State aid — Aid declared illegal and incompatible with the common market — Aid granted to the Grazer Wechselseitige group (GRAWE) at the time of the privatisation of Bank Burgenland AG — Determination of the market price — Tender procedure — Unlawful conditions with no impact on the highest offer — ‘Private vendor’ test — Distinction between a State’s obligations in cases where it acts as a public authority and where it acts as a shareholder — Distortion of evidence — Obligation to state reasons)
Date: 2013-10-24
Institutions: Court of Justice
Subjects: State aid, bank, control of State aid, infringement of EU law, invitation to tender, market prices, privatisation








C_2013367EN.01001401.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/14





Judgment of the Court (Second Chamber) of 24 October 2013 — Land Burgenland, Grazer Wechselseitige Versicherung AG, Republic of Austria v European Commission
(Joined Cases C-214/12 P, C-215/12 P and C-223/12 P) (1)

(Appeal - Competition - State aid - Aid declared illegal and incompatible with the common market - Aid granted to the Grazer Wechselseitige group (GRAWE) at the time of the privatisation of Bank Burgenland AG - Determination of the market price - Tender procedure - Unlawful conditions with no impact on the highest offer - ‘Private vendor’ test - Distinction between a State’s obligations in cases where it acts as a public authority and where it acts as a shareholder - Distortion of evidence - Obligation to state reasons)
2013/C 367/22
Language of the cases: German

Parties


Appellants: Land Burgenland (represented by: U. Soltész, P. Melcher and A. Egger, Rechtsanwälte), Grazer Wechselseitige Versicherung AG (represented by: H. Wollmann, Rechtsanwalt), Republic of Austria (represented by: C. Pesendorfer and J. Bauer, acting as Agents)

Other parties to the proceedings: European Commission (represented by: L. Flynn, V. Kreuschitz and T. Maxian Rusche, acting as Agents), Republic of Austria, Land Burgenland

Interveners in support of Land Burgenland and the Republic of Austria: Federal Republic of Germany (represented by: K. Petersen, T. Henze and J. Möller, acting as Agents)

Re:

Appeal against the judgment of the General Court (Sixth Chamber) of 28 February 2012 in Joined Cases T-268/08 and T-281/08 Land Burgenland and Austria v Commission, by which that Court dismissed the action for annulment of Commission Decision 2008/719/EC of 30 April 2008 on the State aid granted by Austria as part of the privatisation of the Bank Burgenland (OJ 2008 L 239, p. 32) — Breach of European Union law and, in particular, of Article 107(1) TFEU — Incorrect assessment of the performance bond (‘Ausfallshaftung’) of the Land Burgenland in favour of Bank Burgenland

Operative part of the judgment

The Court:






1.


Dismisses the appeals;










2.


Orders Land Burgenland, Grazer Wechselseitige Versicherung AG and the Republic of Austria to pay the costs;










3.


Orders the Federal Republic of Germany to bear its own costs.






(1)  OJ C 194, 30.6.2012.

OJ C 184, 23.6.2012.