Edition 2020 Ninth edition
For property valuation the main element will be to determine the exist- ence/size of an economic advantage. 2.1.4.6
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a6048c931cdc93 TEGOVA EVS 2020 digital
2.1.4.5.
For property valuation the main element will be to determine the exist- ence/size of an economic advantage. 2.1.4.6. The notion of "advantage" is not defined in the TFEU, but the CJEU has ruled that it is to be interpreted in a broad manner. It embraces not only positive benefits, but also interventions which mitigate the charges which are normally included in the budget of an undertaking and which, without being subsidies in the strict meaning of the word, are similar in character and have the same effect. In short, an advantage within the meaning of Article 107(1) TFEU can be defined as any economic benefit which an un- dertaking would not have obtained under normal market conditions. 2.1.4.7. Economic transactions carried out by public bodies (including public un- dertakings) do not confer an advantage, and therefore do not constitute State aid, if they are carried out in line with normal market conditions. To assess whether a range of economic transactions carried out by public bodies takes place under normal market conditions, the European Com- mission and the CJEU developed the market economy operator (MEO) test. The purpose of this test is to assess whether the public bodies acted as a market economy operator would have done in a similar situation. If this is not the case, the beneficiary undertaking has received an economic ad- vantage which it would not have obtained under normal market conditions, 340 VII. European Union Legislation and Property Valuation European Valuation Standards 2020 placing it in a more favourable position compared to that of its competi- tors. This principle has been developed with regard to different economic transactions. For instance, the "market economy investor principle" is used to identify the presence of State aid in cases of public investment. The "private creditor test" has been developed to examine whether debt rene- gotiations by public creditors involve State aid, comparing the behaviour of a public creditor to that of hypothetical private creditors that find them- selves in a similar situation. Finally, the CJEU has developed the "private vendor test" to assess whether a sale carried out by a public body involves State aid, considering whether a private vendor, under normal market con- ditions, could have obtained the same or a better price. 2.1.4.8. In addition, in the Altmark judgment (C-280/00) , the CJEU made clear that the granting of an advantage can be excluded as regards compensation for costs incurred to provide a service of general economic interest (SGEI). Download 1.74 Mb. Do'stlaringiz bilan baham: |
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