This document is an excerpt from the EUR-Lex website
Document 62007CA0295
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)
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)
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)
OJ C 32, 7.2.2009, p. 4–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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:
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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; |
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2. |
Refers the case back to the Court of First Instance of the European Communities; |
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3. |
Reserves the costs. |