CELEX: 62008TJ0244
Language: en
Date: 2011-12-13
Title: Judgment of the General Court (Second Chamber) of 13 December 2011. # Konsum Nord ekonomisk förening v European Commission. # State aid - Land sale price - Decision declaring the aid incompatible with the common market and ordering its recovery - Private investor test - Determination of market price. # Case T-244/08.

Judgment of the General Court (Second Chamber) of 13 December 2011 – Konsum Nord v Commission
      (Case T-244/08)
      State aid – Land sale price – Decision declaring aid incompatible with the common market and ordering its recovery – Private investor test – Determination of market price
      1.                     State aid – Concept – Legal nature – Interpretation on the basis of objective factors – Judicial review – Scope (Art. 87(1)
            EC) (see paras 37-38)
      2.                     State aid – Concept – Assessment of all factors relevant to the transaction at issue and its context – Sale of land part of
            a series of linked operations designed to allow implementation of a town planning scheme (Art. 87(1) EC) (see paras 56-58)
      3.                     State aid – Concept – Assessment according to the criterion of the private investor – Assessment of all factors relevant to
            the transaction at issue and its context – Sale of land by a public authority to a private person despite the existence of
            an offer at a higher price – Comparability between the two offers – Criteria for assessment (Art. 87(1) EC) (see paras 61-63,
            65, 72, 76)
      Re:
      
         
               APPLICATION for annulment of Commission Decision 2008/366/EC of 30 January 2008 on State aid C 35/06 (ex NN 37/06) implemented
                  by Sweden for Konsum Jämtland Ekonomisk Förening (OJ 2008 L 126, p. 3).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls Commission Decision 2008/366/EC of 30 January 2008 on State aid C 35/06 (ex NN 37/06) implemented by Sweden for Konsum
                     Jämtland Ekonomisk Förening;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the European Commission to bear its own costs and to pay those incurred by Konsum Nord ekonomisk förening.