Case C‑39/14

BVVG Bodenverwertungs- und -verwaltungs GmbH

(Request for a preliminary ruling from the Bundesgerichtshof)

‛Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Sale of agricultural land by public authorities — National provision allowing the competent authorities to object to the sale of agricultural land where the price offered is considered ‘grossly disproportionate’ to the market value — Advantage granted to certain undertakings or for the production of certain goods — Private investor test — Determination of the ‘value of the contract’’

Summary — Judgment of the Court (First Chamber), 16 July 2015

Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Examination of the compatibility of aid with the internal market — Not included — Providing the national court with full guidance on the interpretation of EU law — Included (Arts. 108 TFEU and 267 TFEU) State aid — Meaning — State intervention mitigating the burdens normally included in the budget of an undertaking — Included — Need to establish a sufficiently direct link between the advantage given to the beneficiary and a reduction of the State budget (Art. 107(1) TFEU) State aid — Meaning — Sale of agricultural land by public authorities — National legislation allowing the competent authorities to object to the sale of agricultural land where the offer is considered ‘grossly disproportionate’ to the market value — Lawfulness — Conditions (Arts. 107(1) TFEU and 108 TFEU)

See the text of the decision. (see paras 19, 20) See the text of the decision. (see paras 22-24, 26) Article 107(1) TFEU must be interpreted as meaning that a rule of national law, which, for the purposes of safeguarding the interests of agricultural holdings, effectively prohibits an emanation of the State from selling agricultural land to the highest bidder in a public call for tenders, where the competent local authority considers that his bid is grossly disproportionate to the estimated value of that land, cannot be classified as ‘State aid’, provided that the application of that rule results in a price which is as close as possible to the market value of the agricultural land concerned, that being a matter for the referring court to ascertain. (see para. 55, operative part)

Case C‑39/14

BVVG Bodenverwertungs- und -verwaltungs GmbH

(Request for a preliminary ruling from the Bundesgerichtshof)

‛Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Sale of agricultural land by public authorities — National provision allowing the competent authorities to object to the sale of agricultural land where the price offered is considered ‘grossly disproportionate’ to the market value — Advantage granted to certain undertakings or for the production of certain goods — Private investor test — Determination of the ‘value of the contract’’

Summary — Judgment of the Court (First Chamber), 16 July 2015

Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Examination of the compatibility of aid with the internal market — Not included — Providing the national court with full guidance on the interpretation of EU law — Included (Arts. 108 TFEU and 267 TFEU) State aid — Meaning — State intervention mitigating the burdens normally included in the budget of an undertaking — Included — Need to establish a sufficiently direct link between the advantage given to the beneficiary and a reduction of the State budget (Art. 107(1) TFEU) State aid — Meaning — Sale of agricultural land by public authorities — National legislation allowing the competent authorities to object to the sale of agricultural land where the offer is considered ‘grossly disproportionate’ to the market value — Lawfulness — Conditions (Arts. 107(1) TFEU and 108 TFEU)