[the EICC concerned (La Poste)-RSB- was not subject to the ordinary law
rules governing the administration and winding - up
of firms in difficulty and that, according to point 1.2, second paragraph, fourth indent
of the 2008 Notice [on the
application of Articles 87 [EC] and 88 [EC] to State aid in the form
of guarantees (OJ 2008 C 155, p. 10)-RSB-, there is aid in the form
of a guarantee where more
favourable credit terms are obtained by undertakings whose legal status
rules out bankruptcy or other insolvency procedures (T - 154 / 10, at para. 23, emphasis added).
In line with the Pointe - Gourde
rule, there may be changes to the assumed planning status
of the subject land, and it has long been accepted that
application of the general law may produce a result which is more
favourable to the Claimant than the statutory assumptions.