Judgment_paragraph 54 · 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)

54Concerning the examination carried out in that respect by the General Court, it is apparent from the Burgenland and GRAWE judgments that the General Court did not base its rejection of the arguments of the Province of Burgenland, the Republic of Austria and GRAWE on the fact that Ausfallhaftung was established by law, contrary the what those parties claim. The General Court examined whether Ausfallhaftung had to be taken into account when implementing the private vendor test and found that a private vendor would not have entered into such a guarantee.