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Case C-39/14: Judgment of the Court (First Chamber) of 16 July 2015 (request for a preliminary ruling from the Bundesgerichtshof (Germany)) — proceedings brought by Bodenverwertungs- und -verwaltungs GmbH (BVVG) (Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Sale of agricultural land by public authorities — National provision allowing the competent authorities to object to the sale of agricultural land where the price offered is considered ‘grossly disproportionate’ to the market value — Advantage granted to certain undertakings or for the production of certain goods — Private investor test — Determination of the ‘market value’)
ECLI:EU:UNKNOWN:62014CA0039
62014CA0039
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Official Journal of the European Union
C 302/5
(Case C-39/14) (<span class="super">1</span>)
((Reference for a preliminary ruling - State aid - Article 107(1) TFEU - Sale of agricultural land by public authorities - National provision allowing the competent authorities to object to the sale of agricultural land where the price offered is considered ‘grossly disproportionate’ to the market value - Advantage granted to certain undertakings or for the production of certain goods - Private investor test - Determination of the ‘market value’))
(2015/C 302/05)
Language of the case: German
Referring court
Party to the main proceedings
Joined parties: Thomas Erbs, Ursula Erbs, Landkreis Jerichower Land
Operative part of the judgment
Article 107(1) TFEU must be interpreted as meaning that a rule of national law, such as that at issue in the main proceedings, which, for the purposes of safeguarding the interests of agricultural holdings, effectively prohibits an emanation of the State from selling agricultural land to the highest bidder in a public call for tenders, where the competent local authority considers that his bid is grossly disproportionate to the estimated value of that land, cannot be classified as ‘State aid’, provided that the application of that rule results in a price which is as close as possible to the market value of the agricultural land concerned, that being a matter for the referring court to ascertain.
(<span class="super">1</span>) OJ C 102, 7.4.2014.
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