Judgment_paragraph 63 · European Commission v FIH Holding A/S and FIH Erhvervsbank A/S (C-579/16 P)

63In so doing, the General Court wrongly required the Commission to assess the economic rationality of the measures at issue from the point of view not of a private operator in a comparable situation but from that of the State in its capacity as a public authority which had, by the 2009 measures, previously granted FIH State aid, the financial consequences of which it sought to limit.