96/434/EC: Commission Decision of 20 March 1996 on aid which Italy plans to grant to enterprises in a state of insolvency resulting from the obligation to repay State aid pursuant to Community decisions adopted under Articles 92 and 93 of the Treaty (Only the Italian text is authentic) (Text with EEA relevance)

• Articles: 4

Article 1

The aid measures provided for in Law No 80/1993 are illegal inasmuch as they were not notified in advance to the Commission in accordance with Article 93 (3) of the Treaty. The measures are incompatible with the common market and with the operation of the Agreement on a European Economic Area, pursuant to Article 92 of the Treaty and Article 61 of the EEA Agreement.

Article 2

Italy is hereby required to repeal the provisions of Law No 80/1993.

Article 3

Italy shall notify the Commission, within two months of the date of notification of this Decision, of the steps it has taken to comply herewith.

Article 4

This Decision is addressed to the Italian Republic.

Done at Brussels, 20 March 1996.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No C 220, 25. 8. 1995, p. 2.

(2) OJ No L 159, 12. 6. 1992, p. 46.

(3) See the Community guidelines on State aid for small and medium-sized enterprises, OJ No C 213, 19. 8. 1992.

(4) See, in particular, letter No SG (89) D-4328 of 5 April 1989 to the Member States and the Communication published in OJ No C 273, 18. 10. 1991, paragraph 38.

(5) See Communication 94/C 395/02, OJ No C 395, 31. 12. 1994.

(6) Judgment of the Court of Justice in Case No 142/87, Tubemeuse [1990] ECR 1959.