Answer given by Mr Monti on behalf of the Commission

27.9.2002

As regards the possible infringement of state aid rules in the case at issue, the Commission reminds that, as confirmed by the case law of the Court of Justice, only advantages granted directly or indirectly through state resources are to be considered aid within the meaning of article 87 of the EC Treaty[1].

The Commission notes that the new qualification of the terrain in question does not appear to involve any direct or indirect transfer of resources by either the city of Madrid or the Autonomous Community of Madrid. The fact that the new qualification confers an advantage to Real Madrid is as such not capable of conferring upon it the character of state aid within the meaning of article 87 of the EC Treaty.

Accordingly, on the basis of the information available, the Commission considers that sufficient grounds do not exist for investigating the case under the state aid provision of the EC Treaty.

• [1] Case C-379/98, Preussen Elektra AG v. Schleswag AG, 13 March 2001, ECR I-02099.

OJ C 137 E, 12/06/2003