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Case C-290/07 P: Judgment of the Court (First Chamber) of 2 September 2010 — European Commission v Scott SA, Département du Loiret, French Republic (Appeal — State aid — Preferential price for the purchase of developed land — Inquiry as to market value — Formal investigation procedure — Regulation (EC) No 659/1999 — Obligation to undertake a diligent and impartial examination — Scope of the Commission’s power freely to assess value — Costs method — Scope of review by the Courts)
ECLI:EU:UNKNOWN:62007CA0290
62007CA0290
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23.10.2010
Official Journal of the European Union
C 288/6
(Case C-290/07 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - State aid - Preferential price for the purchase of developed land - Inquiry as to market value - Formal investigation procedure - Regulation (EC) No 659/1999 - Obligation to undertake a diligent and impartial examination - Scope of the Commission’s power freely to assess value - Costs method - Scope of review by the Courts)
(2010/C 288/11)
Language of the case: English
Parties
Appellant: European Commission (represented by: J. Flett, acting as Agent)
Other parties to the proceedings: Scott SA (represented by: J. Lever QC, R. Griffith and M. Papadakis, Solicitors, and by P. Gardner and G. Peretz, Barristers), Département du Loiret (represented by: A. Carnelutti, avocat), French Republic (represented by: G. de Bergues, S. Seam and F. Million, acting as Agents)
Re:
Appeal against the judgment of the First Chamber of the Court of First Instance delivered on 29 March 2007 in Case T-366/00 Scott v Commission by which the Court annulled Article 2 of Commission Decision 2002/14/EC of 12 July 2000 on the State aid granted by France to Scott Paper SA/Kimberley-Clark (OJ 2000 L 12, p. 1) in so far as it concerns aid granted in the form of a preferential land price referred to in Article 1 of the decision
Operative part of the judgment
The Court:
1.Sets aside the judgment of the Court of First Instance of the European Communities of 29 March 2007 in Case T-366/00 Scott v Commission.
2.Refers the case back to the General Court of the European Union.
3.Reserves the costs.
*
Language of the case: English.
(1) OJ C 183, 4.8.2007.