53According to the case-law cited in paragraph 38 above, the legality of a decision on State aid adopted by the Commission may only be assessed on the basis of information available to the Commission at the time of its adoption. In the present case, it follows that, although the Commission did not obtain the additional information it requested, it did indeed however have at its disposal the Laureijssen report containing the reference in question and was not exonerated from assessing the evidential value thereof. The Court may thus review the legality of the decision in that respect. However, it is not disputed by the parties that the Laureijssen report does not explain what the ‘justified cost reduction’ relating to the land bought by Valmont might be and the Court considers that an unsubstantiated reference cannot reasonably be considered conclusive and relevant for the purpose of explaining the discrepancy of NLG 10.5/m2 noted between the cost price of NLG 32/m2 on which Maarheeze based itself and the sale price of NLG 42.5/m2 estimated in the Laureijssen report. The argument that that reference could be considered to refer to statements made to the expert by Maarheeze municipal officials which were not set down in the Laureijssen report is too speculative to affect that assessment.
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