7.6.2008

Official Journal of the European Union

C 142/17

(Case C-129/08)

(2008/C 142/27)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicants: C. Cloet and J. Cloet

Defendants: CVBA Westvlaamse Intercommunale voor Economische Expansie, Huisvestingsbeleid en Technische Bijstand

Questions referred

1.Is a financial advantage granted to NV Metafox by the Flemish Region/Flemish Community through a decentralised administrative authority, the WVI, in the form of a preferential price for the purchase of industrial/commercial land of 1 ha 82 a 72 m², performed by the WVI for a sum stated in the sales instrument to be EUR 294 394,14 ‘for tax’ in respect of a preferential price in reality of EUR 91 720,60, compatible with the common market, given that the cost price of purchasing such industrial/commercial land under normal circumstances, applying average values for such land at that place, is EUR 1 007 926,40?

2.Through such expropriation and subsequent sale to NV Metafox (specifically the preferential price paid by NV Metafox of EUR 91 720,60) does the Flemish Region/Flemish Community, through the WVI, not indirectly benefit the favoured undertaking, NV Metafox, by directly conferring an economic advantage on it (namely the difference between the price paid and the ‘for tax’ sale price stated in the sales instrument), since the favoured undertaking, NV Metafox, could not have acquired this land under normal market conditions (EUR 1 007 926,40) or at the ‘for tax’ sale price (EUR 294 394,14)? Consequently, can such a measure of the WVI (specifically the sale of industrial land for the preferential price actually paid) be classified as a financial advantage that is contrary to Article 87(1) EC?