94/725/EC: Commission Decision of 27 July 1994 on measures adopted by the French Government concerning pigmeat (Only the French text is authentic)

• Articles: 6

Article 1

The aid granted by the French Government in the form of a reduction of 1 to 3 % in annual repayments due in respect of 1993 on bank loans taken out by specialized pig farmers between 1990 and 1992 is hereby declared illegal since it was granted in breach of the rules of procedure set out in Article 93 (3) of the Treaty.

Article 2

The aid granted by the French Government in the form of a reduction of 1 to 3 % in annual repayments due in respect of 1993 on modernization loans taken out by specialized pig farmers between 1990 and 1992 may be deemed compatible with the common market.

Article 3

The aid granted by the French Government in the form of a reduction of 1 to 3 % in annual repayments due in respect of 1993 on setting-up loans to young farmers taken out by specialized pig farmers between 1990 and 1992 is hereby declared incompatible with the common market within the meaning of Article 92 of the Treaty in so far as there is no assurance that the ceilings on aid authorized by Commission policy for investments in primary production will be observed in the event of receipt in combination with other aid such as setting-up loans and grants.

Article 4

The French Government shall abolish the aid measure in question to the extent that it does not observe the ceilings referred to in Article 3 in the event of receipt in combination with other aid and shall require that the part of the aid exceeding those ceilings (35,75 % in less-favoured areas) be recovered within three months of notification of this Decision.

Such recovery shall take place in accordance with the procedures and provisions of French law and in particular those relating to interest on overdue payments on monies owed to the State. The sums to be recovered shall bear interest as from the date the aid in question was granted.

Article 5

The French Government shall inform the Commission within three months of notification of this Decision of the measures it has taken to comply therewith.

Article 6

This Decision is addressed to the French Republic.

Done at Brussels, 27 July 1994.

For the Commission

Martin BANGEMANN

Member of the Commission

(1) OJ No L 282, 1. 11. 1975, p. 1.

(2) OJ No L 129, 11. 5. 1989, p. 12.

(3) OJ No C 107, 15. 4. 1994, p. 4.

(4) OJ No L 218, 6. 8. 1991, p. 1.

(5) [1973] ECR, p. 611.

(6) [1973] ECR, p. 1471.

(7) [1977] ECR, p. 595.

(8) [1991] ECR, p. I-5505.

(9) [1973] ECR, p. 813.

(10) [1987] ECR, p. 901.

(11) [1990] ECR, p. -3437.

(12)() Calculated on the basis of the range applicable to the grant, for each area.