Official Journal of the European Union

C 32/4

(Case C-295/07 P)

(Appeal - State aid - Preferential price of a plot of land - Commission decision - Recovery of aid incompatible with the common market - Present-day value of the aid - Compound interest rate - No statement of reasons - Complete annulment - Lawfulness)

(2009/C 32/07)

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by: J. Flett, acting as Agent)

Other parties to the proceedings: Département du Loiret, Scott SA (represented by: J. Lever QC, J. Gardner and G. Peretz, Barristers, instructed by R. Griffith and M. Papadakis, Solicitors)

Re:

Appeal against the judgment of 29 March 2007 of the Court of First Instance (First Chamber) in Case T-369/00 Département du Loiret v Commission, by which the Court annulled Commission Decision 2002/14/EC of 12 July 2000 on the State aid granted by France to Scott Paper SA/Kimberly-Clark (OJ 2002 L 12, p. 1) in so far as it concerns the aid granted in the form of the preferential price for a property referred to in Article 1 thereof — Method for calculating interest due on sums unlawfully received: simple or compound interest rates? — Reasons for the choice of that method and reversal of the burden of proof — Point in time at which the existence of an unlawful advantage falls to be determined

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-369/00 Département du Loiret v Commission [2007] ECR II-851;

2.Refers the case back to the Court of First Instance of the European Communities;

3.Reserves the costs.

* * *

(1) OJ C 211, 8.9.2007.