2006/743/EC: Commission Decision of 25 January 2006 on the State Aid implemented by the Netherlands for AZ and AZ Vastgoed BV (notified under document number C(2006) 80)   (Text with EEA relevance)
Date: 2006-01-25
Institutions: European Commission
Subjects: Netherlands, State aid, building plot, control of State aid, sale, sport

L 307/194

EN

Official Journal of the European Union

7.11.2006

COMMISSION DECISION

of 25 January 2006

on the State Aid implemented by the Netherlands for AZ and AZ Vastgoed BV

(notified under document number C(2006) 80)

(Only the Dutch version is authentic)

(Text with EEA relevance)

(2006/743/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Commu-
nity, and in particular the first subparagraph of Article 88(2)
thereof,

Having regard to the Agreement on the European Economic
Area, and in particular Article 62(1)(a) thereof,

Having called on interested parties to submit their comments
pursuant to the provisions cited above (1) and having regard to
their comments,

Whereas:

I.

PROCEDURE

By letters registered as received on 26 June 2002 and
6 February 2003, the Commission received complaints
regarding the state aid granted by the Netherlands to the
football club AZ Alkmaar. In the course of the preliminary
investigation of
received additional
information from the complainants and from the Dutch
authorities.

the complaints,

it

By letter dated 23 July 2003, the Commission informed the
Netherlands that it had decided to initiate the procedure laid
down in Article 88(2) of the EC Treaty in respect of the
the
measures. The Commission decision to initiate
procedure was published in the Official
the
Journal of
European Union (2). The Commission invited interested
parties to submit their comments.

The Netherlands requested an extension of the deadline for
submitting comments; its request was granted. It responded
to the decision to initiate the procedure by letters registered
as received on 29 October and 5 November 2003.

In December 2003 the Commission received several letters
containing comments from interested parties. The inter-
ested parties sent additional comments by letters registered
as received on 9 February, 6 April and 6 October 2004.

(1)

(2)

(3)

(4)

(5)

Dutch authorities for additional information by letter of
3 June 2004, to which they replied by letter of 5 July 2004,
stating that the municipality, AZ and AZ Vastgoed were
indeed considering whether to conclude a new agreement.
They reiterated that, on account of
the suspension
injunction imposed by the Court of Appeal in Amsterdam,
the agreement could not be implemented (3). They provided
additional information by letter registered as received on
5 November 2004, in which they confirmed that a new
agreement had been concluded between the parties and
that the previous agreement had been dissolved.

II.

DESCRIPTION

(6) On 7 December 2001 the municipality of Alkmaar reached
an agreement with Stichting AZ and AZ Vastgoed BV
(hereafter referred to as ‘AZ’ and ‘AZ Vastgoed’ respectively)
concerning a new location for the football stadium. The
agreement between the municipality of Alkmaar, on the
one hand, and AZ and AZ Vastgoed, on the other,
concerned four transactions connected to the sale of several
plots of land.

(7) According to the Dutch authorities, two plots of land were
sold to AZ and AZ Vastgoed for the construction of a new
stadium, business premises and a car park. The municipality
of Alkmaar sold the land on which the existing stadium was
built to AZ. AZ and AZ Vastgoed would demolish the old
stadium, develop the land and build 150 apartments. Lastly,
a plot of land was sold to AZ for the construction of
training facilities. The agreement imposes obligations on
the buyers of the land. Certain items of infrastructure have
to be developed and maintained by AZ and AZ Vastgoed.

(8)

In July 2003 the Commission decided to initiate the formal
investigation procedure; if the agreement constituted state
aid within the meaning of Article 87(1) of the EC Treaty, it
was doubtful whether the aid to AZ and AZ Vastgoed was
compatible with the EC Treaty.

In the spring of 2004 the Commission received informa-
tion that
the municipality intended to renegotiate the
agreement with AZ and AZ Vastgoed. It therefore asked the

(9) As the Court of Appeal in Amsterdam issued an order in
April 2004 for implementation of the agreement to be
suspended, the land has never been transferred pursuant to
the agreement of 7 December 2001.

(1) OJ C 266, 5.11.2003, p. 8.
(2) See footnote 1.

(3) Gerechtshof Amsterdam, 1.4.2004, LJN: AO6912, 206/03 KG (www.

rechtspraak.nl).

7.11.2006

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Official Journal of the European Union

L 307/195

(10) However,

in November 2004 the Dutch authorities
informed the Commission that the agreement concluded
on 7 December 2001 between the municipality of Alkmaar,
on the one hand, and AZ and AZ Vastgoed BV, on the
other, had been dissolved.

(14) Accordingly, the formal

investigation procedure of Arti-
cle 88(2) of
the above-
the EC Treaty in respect of
mentioned agreement between the municipality of
Alkmaar, on the one hand, and AZ and AZ Vastgoed, on
the other, should be terminated,

(11) According to the Netherlands, new negotiations were
conducted and an independent expert evaluation of the
plots had been carried out
in accordance with the
Commission communication on state aid elements in sales
of land and buildings by public authorities (1). After this
evaluation, a new agreement was concluded between the
municipality and Egedi BV (the legal successor to AZ
Vastgoed).

(12) Under the circumstances, the agreement which is subject of
the investigation has been dissolved, with the result that the
formal investigation procedure no longer serves any useful
purpose and should be terminated.

HAS ADOPTED THIS DECISION:

Article 1

The formal investigation procedure under Article 88(2) of the
EC Treaty initiated on 23 July 2003 against AZ and AZ Vastgoed
BV is hereby terminated.

Article 2

This decision is addressed to the Kingdom of the Kingdom of the
Netherlands.

III.

CONCLUSION

Done at Brussels, 25. January. 2006.

(13) Since the agreement subject to the formal

investigation
procedure has been dissolved, the investigation no longer
serves any useful purpose.

For the Commission

Neelie KROES

Member of the Commission

(1) OJ C 209, 10.7.1997, p. 3.