94/1036/EC: Commission Decision of 27 September 1994 concerning the agreements between the Dutch State, Volvo Car Corporation and Mitsubishi Motor Corporation on the future ownership, plans and financial arrangements of Netherlands Car BV (ex Volvo Car BV) (C 3/92 ex N 645/91) (Only the Dutch text is authentic) (Text with EEA relevance)

• Articles: 4

Article 1

The various agreements between the Dutch State, VCC and MMC concerning the future ownership, plans and financial arrangements of Netherlands Car BV do not contain elements of State aid on condition that the provisions of Article 2 are respected.

Article 2

The Netherlands shall notify the Commission if it wishes to make use of any of the following provisions of the Shareholders' Agreement:

- the provision of Article 13.1 allowing the Dutch State to sell its remaining shares in 1998 at half price to one industrial party, if the other party has withdrawn from Netherlands Car BV through bankruptcy, voluntary sale or for any other reason before that date,

- any decision of the shareholders on the basis of Article 4.2 (d) on whether and how to continue the production of the Volvo 400 series in circumstances where the loss compensation limit of the Dutch State is in danger of being exceeded.

Furthermore the Netherlands shall notify to the Commission the cost allocation rules between the Volvo 400 series and the new project for the production plant upon their agreement by the shareholders.

Article 3

The Netherlands shall inform the Commission within one month from the notification of this Decision of the measures taken to comply herewith.

Article 4

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 27 September 1994.

For the Commission Karel VAN MIERT Member of the Commission

(1) OJ No C 105, 25. 4. 1992, p. 16.

(2) OJ No C 143, 1. 6. 1991, p. 6.

(1) OJ No C 105, 25. 4. 1992, p. 16.

(1) OJ No C 105, 25. 4. 1992, p. 18.