ALERT: STATE AID - CONCEPT OF AN AID - PRIVATE INVESTOR TEST - DETERMINATION OF MARKET VALUE - SELECTIVE ADVANTAGE - PRELIMINARY RULING
Private investor test: The Court of Justice of the European Union rules that a measure aiming at fighting land speculation should not be qualified as an aid only if the resale price is as close as possible to market value (BVVG/Landkreis Jerichower Land)
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CJEU, 16 July 2015, Case C-39/14 (BVVG/Landkreis Jerichower Land)
On 16 July 2015, the Court of Justice of the European Union delivered a judgment in State aid case C-39/14 (BVVG and Others v Landkreis Jerichower Land). on a reference for a preliminary ruling from the Bundesgerichtshof (Germany)
The case, which is of great interest, concerns a measure implemented in the new German Länder to combat land speculation involving the sale of agricultural and forestry land in the context of the privatisation of land and buildings formerly owned by the State. In practice, the contested measure makes it possible to suspend and, where appropriate, cancel a sale of
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