CELEX: 62008TA0268
Language: en
Date: 2012-02-28 00:00:00
Title: 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)

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.