Judgment_paragraph 48 · Land Burgenland (Austria) and Republic of Austria v European Commission (T-268/08, T-281/08)

48When applied to the situation of a sale of property by a public authority to a private person, the consequence of that principle is that it must be determined whether, in particular, the sale price for that property is equivalent to the market price in that it corresponds to the price which could have been obtained by the purchaser under normal market conditions (see, to that effect, Valmont v Commission, cited in paragraph 47 above, paragraph 45 and the case-law cited). From that viewpoint, the Commission must apply the private operator in a market economy test, to determine whether the price paid by the presumed recipient of the aid corresponds to the price which a private operator, operating in normal competitive conditions, would be likely to have fixed (see, to that effect, Case C-290/07 P Commission v Scott [2010] ECR I-7763, paragraph 68; and Case C-239/09 Seydaland Vereinigte Agrarbetriebe [2010] ECR I-13083, paragraph 34 and the case-law cited). The specific application of that test requires in principle a complex economic assessment (Commission v Scott, paragraph 68).

Land Burgenland (Austria) and Republic of Austria v European Commission (T-268/08, T-281/08)

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