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.