96/297/EC: Commission Decision of 31 October 1995 concerning aid to French pig farmers in the form of a guarantee - Stabiporc adjustment fund (Only the French text is authentic)
The aid granted to pig farmers in connection with the advances made under the Stabiporc-banking pool and Stabiporc-Unigrains agreements is illegal, having been granted in breach of Article 93 (3) of the EC Treaty. This aid is also incompatible with the common market for the purposes of Article 92 of the Treaty.
The aid referred to in the first paragraph comprises the amount resulting from the difference between the interest rate applied to advances paid to producer groups through Stabiporc and the interest rate at which those groups could have obtained them through Stabiporc from the same financial institutions under normal market conditions, i.e. without the State guarantee provided by Ofival.
The amount to be recovered is FF 1 617 738.
The French Government shall abolish the aid referred to in Article 1 by fixing the interest rate on advances at the normal market rate referred to in that Article.
The French Government shall demand the recovery and repayment of aid already paid, referred to in Article 1, within two months of the date of this Decision.
The aid shall be recovered in accordance with the procedures and provisions of national law, and in particular those relating to interest on overdue payments owed to the government. Interest on the sums in question shall be charged from the date on which the aid was granted.
The French Government shall inform the Commission within two months of the date of notification of this Decision of the measures taken to comply with Articles 2 and 3.
This Decision is addressed to the French Republic.
Done at Brussels, 31 October 1995.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 282, 1. 11. 1975, p. 1.
(2) OJ No L 349, 31. 12. 1994, p. 105.
(3) OJ No C 311, 8. 11. 1994, p. 5.
(4) OJ No L 335, 23. 12. 1994, p. 82.
(5) Commission v. Federal Republic of Germany, [1973] ECr, p. 813.
(6) Deufil GmbH v. Commission, [1987] ECR, p. 901.
(7) Commission v. Federal Republic of Germany, [1990] ECR, p. L-3437.
Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.
