96/76/EC: Commission Decision of 4 October 1995 concerning aid granted by the Netherlands to the truck producer DAF (Only the Dutch text is authentic) (Text with EEA relevance)
The Fl 1,55 million aid paid by the Dutch government to DAF NV in advance of the Commission's approval of a notified R& D aid project is illegal. However, it is compatible with the common market by virtue of point (c) of Article 92 (3) of the EC Treaty and, therefore, is compatible with the functioning of the EEA Agreement.
The two aid measures awarded by the Dutch government to DAF NV in the context of the TOK aid scheme and valued respectively at Fl 17 721 000 and Fl 393 000 on the date of the receivership of the company, calculated on the basis of the reference rate used for the calculation of the net grant equivalent of regional aid in the Netherlands, are illegal and incompatible with the common market within the meaning of Article 92 (1) of the EC Treaty and, therefore, incompatible with the functioning of the EEA Agreement.
The Dutch government shall recover from DAF NV the amount of aid referred to in Article 2, which includes interest from the date of its award at a rate equal to the percentage value on that date of the reference rate used for the calculation of the net grant equivalent of regional aid in the Netherlands.
The Dutch government shall inform the Commission within two months of the date of notification of this Decision of the measures taken to comply.
This Decision is addressed to the Kingdom of the Netherlands.
Done at Brussels, 4 October 1995.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ No C 31, 2. 2. 1994, p. 9.
(2) OJ No C 318, 24. 11. 1983, p. 3.
(3) See Commission communication on the financial relations between Member States and public undertakings - OJ No C 273, 18. 10. 1991, p. 2.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.