Judgment_paragraph 52 · 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)

52As regards the application of that test, Commission v EDF confirmed the case-law which emerges, in particular, from Spain v Commission and Germany v Commission, according to which, in order to assess whether the same measure would have been adopted in normal market conditions by a private vendor in a situation as close as possible to that of the State, only the benefits and obligations linked to the situation of the State as shareholder – to the exclusion of those linked to its situation as a public authority – are to be taken into account (see, to that effect, Commission v EDF, paragraph 79).