CELEX: 62007CA0295
Language: en
Date: 2008-12-11 00:00:00
Title: Case C-295/07 P: Judgment of the Court (First Chamber) of 11 December 2008 — Commission of the European Communities v Département du Loiret, Scott SA (Appeal — State aid — Preferential price of a plot of land — Commission decision — Recovery of aid incompatible with the common market — Present-day value of the aid — Compound interest rate — No statement of reasons — Complete annulment — Lawfulness)

7.2.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/4
            
         Judgment of the Court (First Chamber) of 11 December 2008 — Commission of the European Communities v Département du Loiret, Scott SA
   (Case C-295/07 P) (1)
   
   (Appeal - State aid - Preferential price of a plot of land - Commission decision - Recovery of aid incompatible with the common market - Present-day value of the aid - Compound interest rate - No statement of reasons - Complete annulment - Lawfulness)
   (2009/C 32/07)
   Language of the case: French
   Parties
   
      Appellant: Commission of the European Communities (represented by: J. Flett, acting as Agent)
   
      Other parties to the proceedings: Département du Loiret, Scott SA (represented by: J. Lever QC, J. Gardner and G. Peretz, Barristers, instructed by R. Griffith and M. Papadakis, Solicitors)
   Re:
   Appeal against the judgment of 29 March 2007 of the Court of First Instance (First Chamber) in Case T-369/00 Département du Loiret v Commission, by which the Court annulled Commission Decision 2002/14/EC of 12 July 2000 on the State aid granted by France to Scott Paper SA/Kimberly-Clark (OJ 2002 L 12, p. 1) in so far as it concerns the aid granted in the form of the preferential price for a property referred to in Article 1 thereof — Method for calculating interest due on sums unlawfully received: simple or compound interest rates? — Reasons for the choice of that method and reversal of the burden of proof — Point in time at which the existence of an unlawful advantage falls to be determined
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Sets aside the judgment of the Court of First Instance of the European Communities of 29 March 2007 in Case T-369/00 Département du Loiret v Commission [2007] ECR II-851;
            
         
               2.
            
            
               Refers the case back to the Court of First Instance of the European Communities;
            
         
               3.
            
            
               Reserves the costs.
            
         
      (1)  OJ C 211, 8.9.2007.