Private investor : The General Court of the European Union applies the case-law on the admissibility of an action for annulment brought against a Commission’s decision finding the absence of State aid after a preliminary examination and assesses whether the Commission should have had doubts regarding the application of the private investor test to the granting of a licence to exploit software by a public authority to a private entity (Sarc)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Following a complaint lodged on 12 December 2008 by Scheepsbouwkundig Advies- en Rekencentrum (hereinafter 'Sarc'), the Commission, by Decision C(2011) 642 final of 10 May 2011 (NN 68/2010 - Netherlands) adopted at the end of the preliminary examination phase, declared that a licence agreement concluded between the Technische Universiteit Delft (hereinafter 'the University') and Delftship BV did not constitute State aid. The contract granted Delftship BV a worldwide, exclusive and non-transferable licence to exploit the source code of the Delftship software. Under the contract, Delftship BV was obliged, inter alia, to develop the software, to provide