70Finally, it had been held that, in order to determine whether a State measure constitutes aid for the purposes of Article 87 EC, it is necessary to establish whether the recipient undertaking receives an economic advantage which it would not have obtained under normal market conditions (Case C-256/97 DM Transport [1999] ECR I-3913, paragraph 22). To that end, as far as non-recovered public debts are concerned, the public bodies must be compared to a private creditor who is seeking to obtain payment of sums owed to it by a debtor in financial difficulties (Case T-152/99 HAMSA v Commission [2002] ECR II-3049, paragraph 167).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.