96/148/EC: Commission Decision of 26 July 1995 on the measures decided by France as a result of the blockade of the French road network in 1992 (Only the French text is authentic)

• Articles: 6

Article 1

The aid granted by France as a result of the blockade of the French road network in 1992 is illegal, since it has been granted in breach of the procedural rules laid down in Article 93 (3) of the Treaty.

Article 2

The aid granted by France in the form of compensatory payments is compatible with the common market pursuant to Article 92 (2) (b) of the Treaty.

Article 3

The aid granted by France in the form of partial relief on social insurance contributions is incompatible with the common market pursuant to Article 92 of the Treaty, since the French authorities have not provided proof that the aid is necessarily and exclusively linked to the losses caused by the road blocks in France (29 June to 18 July 1992), considered as an exceptional occurrence within the meaning of Article 92 (2) (b) of the Treaty.

Article 4

France must abolish the aid referred to in Article 3 and recover it within two months of notification of this Decision.

Recovery shall be effected in accordance with the procedures and provisions of French law, with interest payable from the date the aid in question was granted. This interest shall be calculated using the commercial rate relating to the rate used for calculating the subsidy-equivalent for regional aid.

Article 5

France shall notify the Commission of the measures it has taken to comply with this Decision within two months of its notification.

Article 6

This Decision is addressed to the French Republic.

Done at Brussels, 26 July 1995.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 118, 20. 5. 1972, p. 1.

(2) OJ No L 292, 12. 11. 1994, p. 3.

(3) OJ No C 115, 26. 4. 1994, p. 6.

(4) [1973] ECR, p. 611.

(5) [1973] ECR, p. 1471.

(6) [1977] ECR, p. 595.

(7) [1991] ECR I, p. 5505.

(8) [1973] ECR, p. 813.

(9) [1987] ECR, p. 901.

(10) [1990] ECR I, p. 3437.