Judgment_paragraph 124 · Naviera Armas, SA v European Commission (T-108/16)

124It follows from the case-law referred to in paragraphs 117 to 119 above that, in the circumstances of the present case, the determination of whether there was an advantage granted to the intervener through State resources in the form of the terms under which it was permitted to use the Puerto de Las Nieves port infrastructure for the purposes of commercial transport presupposed a proper determination by the Commission of whether the port dues paid by the intervener, which may be equated with fees charged for the use of the Puerto de Las Nieves port infrastructure, were at least equivalent in amount to the price a private investor, operating in normal competitive conditions, would have been able to obtain by way of consideration for such use (see, to that effect, judgment of 12 June 2014, Sarc v Commission, T‑488/11, not published, EU:T:2014:497, paragraph 91 and the case-law cited).