Case C‑632/23: AG Rantos’ Opinion on Bulgaria’s Recovery of State Aid in Land swap scheme
Advocate General Rantos delivered his opinion in Case C‑632/23 concerning Commission Decision 2015/456, which ordered Bulgaria to recover unlawful State aid (SA.26212) granted through land swaps between 2007 and 2009. The Commission had found that the exchanged forest land did not reflect market prices. Bulgaria did not challenge the Decision and appointed Agrolesproekt, a state-owned company, as an independent expert to assess land market values.
The opinion addresses three Commission objections: (i) Bulgaria’s use of an independent expert, (ii) the expert’s alleged lack of independence, and (iii) failure to disclose the expert’s public ownership, breaching the duty of sincere cooperation.
AG Rantos found that appointing an independent expert was explicitly allowed in the Decision and necessary given the unreliable valuation data. He also rejected the Commission’s claim of lack of independence, noting no legal bar to public entities serving as experts and no evidence of compromised objectivity. Finally, he ruled that not disclosing Agrolesproekt’s status did not breach the duty of sincere cooperation, as this was publicly known.
In essence, the AG determined that public undertakings can be independent experts in the context of recovery to calculate the market price value of publicly owned land.
For more information, see the AG’s opinion.