Judgment of the General Court (Second Chamber) of 13 December 2011 -
   Konsum Nord v Commission

   (Case T-244/08)

   State aid - Land sale price - Decision declaring aid incompatible with
   the common market and ordering its recovery - Private investor test -
   Determination of market price

   1.                     State aid - Concept - Legal nature -
   Interpretation on the basis of objective factors - Judicial review -
   Scope (Art. 87(1) EC) (see paras 37-38)

   2.                     State aid - Concept - Assessment of all factors
   relevant to the transaction at issue and its context - Sale of land
   part of a series of linked operations designed to allow implementation
   of a town planning scheme (Art. 87(1) EC) (see paras 56-58)

   3.                     State aid - Concept - Assessment according to
   the criterion of the private investor - Assessment of all factors
   relevant to the transaction at issue and its context - Sale of land by
   a public authority to a private person despite the existence of an
   offer at a higher price - Comparability between the two offers -
   Criteria for assessment (Art. 87(1) EC) (see paras 61-63, 65, 72, 76)

   Re:

   APPLICATION for annulment of Commission Decision 2008/366/EC of 30
   January 2008 on State aid C 35/06 (ex NN 37/06) implemented by Sweden
   for Konsum Jämtland Ekonomisk Förening (OJ 2008 L 126, p. 3).

   Operative part

   The Court:

   1.

   Annuls Commission Decision 2008/366/EC of 30 January 2008 on State aid
   C 35/06 (ex NN 37/06) implemented by Sweden for Konsum Jämtland
   Ekonomisk Förening;

   2.

   Orders the European Commission to bear its own costs and to pay those
   incurred by Konsum Nord ekonomisk förening.