Translation of "vente d'immeuble sur faillite " (French → English) :

Under the principles laid down in the European Commission Communication on State aid elements in sales of land and buildings by public authorities (97/C 209/03) , the sale of a property is not considered State aid if it is concluded on the basis of a sufficiently well-publicised, open and unconditional bidding procedure.

To the question of Ulstein on how the State aid recovery claim would affect the sale of assets in a bankruptcy procedure, should the recovery order indeed lead to bankruptcy, the Commission services responded by explaining the established Commission practice and the case-law of the European courts on the treatment of State aid recovery claims in bankruptcy procedures.

– extension of optional use of a reverse charge mechanism for specified supplies to taxable persons such as: services relating to buildings and associated supplies of staff; waste, scrap and recyclable materials; land and buildings in respect of which the option to tax has been exercised; goods taken as security; goods sold in the course of the exercise of an assignee’s rights following the cession of the reservation of ownership; opted land and buildings in the course of a judicial liquidation. These are the identified areas that have proved to be troublesome for the MS, and the regular provisions are insufficient.

1. For the purposes of this Regulation, a revenue-generating project means any operation involving an investment in infrastructure the use of which is subject to charges borne directly by users or any operation involving the sale or rent of land or buildings or any other provision of services against payment.

Furthermore, the certification of the energy performance of buildings at the point of construction, sale or rent, because another important element is the rights of consumers who rent an apartment, house or building without knowing what the real cost of energy for that building will eventually be.

In both (a) and (b) "market value" shall mean the price at which the property could be sold under private contract between a willing seller and an arm's-length buyer on the date of valuation, it being assumed that the property is publicly exposed to the market, that market conditions permit orderly disposal and that a normal period, having regard to the nature of the property, is available for the negotiation of the sale.