private investor/private creditor test

State aid is an advantage granted to entrepreneurs by the State. It can be excluded by proving that public authorities’ behavior is compatible with the behavior of normal market operator

In most cases such proof can be provided with the proper use of private investor or private creditor test

In this field our services include: 

• analysis whether the behavior of the State acting as a creditor can be compared with the behavior of market economy creditor (private creditor test)
• determination whether conditions on which the State undertakes investments would be also accepted by private operators (private investor test)
• advisory on the scope of modifications required so that planned activities do not entail State aid

We advised on a number of cases concerning restructuring of debt and investment activities planned by public authorities in which private creditor or private investor tests were required to exclude State aid