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Case C-325/22, Ministar na zemedelieto, hranite i gorite: Judgment of the Court (Fourth Chamber) of 19 October 2023 (request for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — TS, HI v Ministar na zemedelieto, hranite i gorite (Reference for a preliminary ruling — Aid granted by Member States — Article 107(1) TFEU — Concept of an ‘undertaking’ — Regulation (EU) 2015/1589 — Recovery of unlawful aid — Decision (EU) 2015/456 — Swaps of forest land — Determining the ‘market value’)
ECLI:EU:UNKNOWN:62022CA0325
62022CA0325
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Official Journal of the European Union
Series C
C/2023/1110
(Case C-325/22, (1) Ministar na zemedelieto, hranite i gorite)
(Reference for a preliminary ruling - Aid granted by Member States - Article 107(1) TFEU - Concept of an ‘undertaking’ - Regulation (EU) 2015/1589 - Recovery of unlawful aid - Decision (EU) 2015/456 - Swaps of forest land - Determining the ‘market value’)
(C/2023/1110)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicants: TS, HI
Defendant: Ministar na zemedelieto, hranite i gorite
Operative part of the judgment
1.Commission Decision (EU) 2015/456 of 5 September 2014 on the aid scheme No SA.26212 (11/C) (ex 11/NN — ex CP 176/A/08) and No SA.26217 (11/C) (ex 11/NN — ex CP 176/B/08) implemented by the Republic of Bulgaria in the context of swaps of forest land must be interpreted as meaning that only persons who have acquired land in the context of the forest land swap transactions concerned by that decision and who use that land for the purposes of an economic activity are to be regarded as undertakings in receipt of State aid for the purposes of Article 107(1) TFEU.
2.Article 107(1) TFEU and Article 16(3) of Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 [TFEU] must be interpreted as not precluding the criteria for determining the amount of State aid received on the acquisition of land, in the context of a forest land swap, from being based on the average prices of registered property transactions relating to land with similar characteristics to that being valued and located close to it, in which at least one of the parties is a merchant, concluded within a period of 12 months prior to the valuation, provided that the application of such criteria is compatible with the Commission’s decision on the recovery of that aid and that they make it possible to determine the market value of that land at the time of the swap transaction.
ELI: http://data.europa.eu/eli/C/2023/1110/oj
ISSN 1977-091X (electronic edition)
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Language of the case: Bulgarian.