European Commission v FIH Holding A/S and another company

– . The respondent companies (FIH1 and FIH2) successfully appealed against a decision of the General Court of the European Union which had annulled Commission Decision (EU) 2014/884 on state aid, implemented by Denmark for the transfer of property-related assets from FIH2. The Court of Justice held that the General Court had erred in law when it had decided that the European Commission had incorrectly applied 'the private operator principle' by failing to take risks related to state aid granted to FIH2 through certain measures taken in 2009, into account.

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