I. Introduction On 17 August 2012, the EFTA Court handed down judgment in Case E-12/11 Asker Brygge AS v EFTA Surveillance Authority. The EFTA Court upheld the decision of the EFTA Surveillance Authority (ESA), which found that the sale by the Norwegian municipality of Asker of a waterfront property to the company Asker Brygge AS constituted unlawful State aid. The importance of this case stems from the fact that it clearly illustrates the difficul