Locus standi and the Private Creditor Test after the Judgment of the General Court on Buczek Automotive v Commission

I. Introduction In its judgment in Buczek Automotive v Commission1 (“the Judgment”), the General Court (“the Court”) ruled on an appeal lodged by the Polish undertaking Buczek Automotive sp. z o.o. (“BA”) against a negative Commission decision ordering recovery. The Judgment provides guidelines on two important topics in EU State aid law practice, namely, the locus standi of aid beneficiaries to challenge negative Commission decisions ordering recovery before the Court and the application of the private creditor test to State investors as regards the decision whether or not to petition for the insolvency of a financially distressed undertaking. In addition, the Court also quashed...