Judgment_paragraph 44 · European Commission v FIH Holding A/S and FIH Erhvervsbank A/S (C-579/16 P)

44Since the present ground of appeal concerns only the third of those conditions, it should be noted that, according to the Court’s settled case-law, measures that, whatever their form, are likely directly or indirectly to favour certain undertakings, or fall to be regarded as an economic advantage that the recipient undertaking would not have obtained under normal market conditions, are regarded as State aid (judgements of 2 September 2010, Commission v Deutsche Post, C‑399/08 P, EU:C:2010:481, paragraph 40 and the case-law cited, and of 27 June 2017, Congregación de Escuelas Pías Provincia Betania, C‑74/16, EU:C:2017:496, paragraph 65 and the case-law cited).