Judgment_paragraph 94 · Land Burgenland (C‑214/12 P), Grazer Wechselseitige Versicherung AG (C‑215/12 P) and Republic of Austria (C‑223/12 P) v European Commission (C-214/12 P, C-215/12 P, C-223/12 P)

94It follows that the General Court was correct to find, in paragraphs 70 and 87 of the Burgenland judgment and paragraph 77 of the GRAWE judgment, that, where a public authority proceeds to sell an undertaking belonging to it by way of an open, transparent and unconditional tender procedure, it can be presumed that the market price corresponds to the highest offer, provided that it is established, first, that that offer is binding and credible and, secondly, that the consideration of economic factors other than the price is not justified.