Case handler: Vilde Hordnes Bergset Brussels, 31 January 2020 Tel: +32 2 286 1836 Case No: 83546 e-mail:
[email protected] Document No: 1107229 xxxxxxxxxx xxxxxxxxxxX xxxxxxxx xxxxxx Sent by email only to XXXXXX Subject: Sølyst park area (complaint) - Preliminary assessment under paragraph 48(b) of ESA’s Guidelines on Best Practice for the conduct of state aid control procedures 1 The complaint Reference is made to your complaint to the Competition and State Aid Directorate of the EFTA Surveillance Authority (“ESA”) dated 27 March 2019 regarding alleged state aid to Veidekke Eiendom AS (“Veidekke”). In your complaint, you allege that Stavanger Municipality (“the Municipality”) has granted state aid to Veidekke through the following measures: 1. The exchange agreement. 2. A beneficial rezoning of a public park area sold to Veidekke. 3. The grant of NOK 350 000 from the Ministry of Culture to the art project Find Your Eyes at “Kulturøya Sølyst”. Since receiving your complaint, ESA has gathered information from the Norwegian authorities, and conducted a preliminary examination of these measures. Against this background, ESA is of the preliminary view that Veidekke has not received aid in breach of the EEA state aid rules through any of these measures. According to Article 61(1) of the EEA Agreement, a measure constitutes state aid if the following conditions are cumulatively fulfilled: the measure (i) is granted by the state or through state resources; (ii) confers a selective economic advantage on the beneficiary; and (iii) is liable to affect trade between Contracting Parties and to distort competition. ESA’s preliminary views are set out in further detail in the following.