Judgment_paragraph 51 · Land Burgenland (C‑214/12 P), Grazer Wechselseitige Versicherung AG (C‑215/12 P) and Republic of Austria (C‑223/12 P) v European Commission (C-214/12 P, C-215/12 P, C-223/12 P)

51Further, as regards the impact of Commission v EDF, it must be pointed out that that judgment was principally concerned with whether the private investor test was applicable in the circumstances of that case, which was rejected by the Commission in the decision at issue in that case, and not how that test was applied in the particular case (see Commission v EDF judgment, paragraph 75). However, in the present cases, it is undisputed that the Commission applied the private vendor test and the Province of Burgenland, the Republic of Austria and GRAWE are in actual fact challenging the General Court’s approval of the manner in which the Commission applied that test.