92/318/EEC: Commission Decision of 25 March 1992 on aid granted by Spain to Industrias Mediterraneas de la Piel SA (Imepiel) (Only the Spanish text is authentic)

• Articles: 5

Article 1

The aid granted of Pta 6 029 million between 1986 and 1988 was granted illegally as it was granted in breach of the procedural rules of Article 93 (3).

Notwithstanding this the aid meets the conditions for a derogation under Article 92 (3) (c) and is therefore compatible with the common market.

Article 2

The net State aid of Pta 8 400 million (i.e. capital injection of Pta 8 500 million net of sales proceeds of Pta 100 million) contained in the capital contribution provided by Patrimonio del Estado to Imepiel simultaneously with its privatizations on 2 February 1990 is illegal under Community law, since it was awarded by the Spanish Government in violation of the provisions of Article 93 (3).

Furthermore, the said aid does not meet any of the conditions which must be fulfilled in order for one of the exceptions of Article 92 (2) and (3) to apply, for which reason it is incompatible with the common market.

Article 3

The incompatible State aid shall be withdrawn by way of recovery. Accordingly, Patrimonio del Estado shall recover Pta 8 400 million from Imepiel.

The aid element shall be recovered in accordance with the procedures and provisions of national law, in particular those relating to interest on arrears payable on State liabilities, with interest starting to run on the date on which the illegal aid was granted.

Article 4

The Spanish Government shall inform the Commission within two months of the date of notification of this Decision of the measures taken to comply herewith.

Article 5

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 25 March 1992. For the Commission

Leon BRITTAN

Vice-President

(1) OJ No C 28, 3. 2. 1989, p. 7.

(2) OJ No C 320, 20. 12. 1990, p. 18.

(3) [1984] ECR 3809.

(4) [1986] ECR 2263.

(5) [1986] ECR 2321.

(6) [1991] ECR I-1603.

(7) [1991] ECR I-1433.

(8) [1980] ECR 2688.

(9) [1988] ECR 4067.

(10) [1973] ECR 611.

(11) [1973] ECR 1471.

(12) [1977] ECR 595.

(13) [1990] ECR I-307.

(14) [1973] ECR 813.

(15) [1987] ECR 901.