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Case T-386/14: Judgment of the General Court of 15 September 2016 — FIH Holding and FIH Erhvervsbank v Commission (State aid — Banking sector — Aid granted to Danish bank FIH in the form of a transfer of its impaired assets to a new subsidiary and the subsequent purchase thereof by the Danish Financial Stability Company — State aid for banks during the crisis — Decision declaring the aid compatible with the internal market — Definition of aid — Private investor test — Private creditor test — Calculation of the amount of the aid — Obligation to state reasons)

ECLI:EU:UNKNOWN:62014TA0386

62014TA0386

September 15, 2016
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31.10.2016

Official Journal of the European Union

C 402/37

(Case T-386/14) (<span class="super note-tag">1</span>)

((State aid - Banking sector - Aid granted to Danish bank FIH in the form of a transfer of its impaired assets to a new subsidiary and the subsequent purchase thereof by the Danish Financial Stability Company - State aid for banks during the crisis - Decision declaring the aid compatible with the internal market - Definition of aid - Private investor test - Private creditor test - Calculation of the amount of the aid - Obligation to state reasons))

(2016/C 402/40)

Language of the case: English

Parties

Applicants: FIH Holding A/S (Copenhagen, Denmark), FIH Erhvervsbank A/S (Copenhagen) (represented by: O. Koktvedgaard, lawyer)

Defendant: European Commission (represented by: L. Flynn and P.-J. Loewenthal, acting as Agents)

Re:

Action on the basis of Article 263 TFEU for annulment of Commission Decision 2014/884/EU of 11 March 2014 on State aid SA.34445 (12/C) implemented by Denmark for the transfer of property-related assets from FIH to the FSC (OJ 2014 L 357, p. 89).

Operative part of the judgment

The Court:

1.Annuls Commission Decision 2014/884/EU of 11 March 2014 on State aid SA.34445 (12/C) implemented by Denmark for the transfer of property-related assets from FIH to the FSC.

2.Orders the European Commission to pay the costs.

(<span class="note">1</span>) OJ C 253, 4.8.2014.

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