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2012-6 E.C.R. 1 (2012)

handle is hein.intyb/rcbjcofi0337 and id is 1 raw text is: ZCVRLA Case C-124/10 P European Commission v tllectricit6 de France (EDF) (Appeal - State aid - Waiver of a tax claim - Exemption from corporation tax - Increase in share capital - Conduct of a State acting as a prudent private investor in a market economy - Criteria to distinguish between the State as shareholder and the State exercising public power - Definition of 'reference private investor' - Principle of equal treatment - Burden of proof) Summary of the Judgment 1. State aid - Concept - Assessment according to the private investor test - State acting as shareholder of an undertaking - State acting as a public authority - Distinction in the light of the application of the private investor test (Art. 87(1) EC) 2. State aid - Concept - Assessment according to the private investor test - Assessment in the light of all the relevant evidence of the disputed operation and its context - Member State's obligation to provide objective and verifiable evidence to show the economic nature of its activity (Art. 87(1) EC) 3. State aid - Concept - Awarding Member State which is the tax creditor and sole shareholder of a public undertaking benefiting from a capital increase by waiver of a tax claim - Applicability of the private investor test (Art. 87(1) EC) 4. State aid - Concept - Assessment according to the private investor test private investor test to tax measures Applicability of the (Art. 87(1) EC) 1. The conditions which a measure must meet in order to be treated as aid for the purposes of Article 87 EC are not met if the recipient public undertaking could, in circumstances which correspond to normal market conditions, obtain the same advantage as that which is made available to it through State resources. In the case of public undertakings, that assessment is made by applying, in principle, the private investor test. ECLI:EU:C:2012:318 Reports of Cases

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