CASE COMMENTS: STATE AIDS – CONCEPT OF STATE AID – MARKET INVESTOR PRINCIPLE – PUBLIC LAND SALE – MARKET PRICE VALUATION – ANNULMENT OF A NEGATIVE COMMISSION DECISION – 1997 COMMUNICATION ON PUBLIC LAND SALES
Market investor principle: The General Court annuls a Commission decision declaring that the sale of a parcel held by a city constituted State aid and sanctions the Commission’s formal assessment (Konsum Nord/Commission)
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Trib. EU, 13 December 2011, Konsum Nord v Commission, Case T-244/08
It is sometimes surprising how State aid rules are applied in concrete situations to solve problems of an almost daily nature. This is at least illustrated by the case concerning the sale of land by the municipality of Åre (Sweden) to a co-operative selling consumer goods, in the framework of a master plan established by the municipal authority to ban cars from the city centre.
This sale did not follow a tender procedure and was sold for SEK 2 million. Following a complaint and on the basis of its 1997 Communication on State aid elements in sales of land and buildings by public authorities
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