97/239/EC: Commission Decision of 4 December 1996 concerning aid granted by Belgium under the Maribel bis/ter scheme (Only the French and Dutch texts are authentic) (Text with EEA relevance)

• Articles: 4

Article 1

The increased reduction in social security contributions in respect of manual workers granted under the Maribel bis/ter scheme to employers who carry on their principal activity in one of the sectors most exposed to international competition constitutes illegal State aid because it was not notified to the Commission in advance in accordance with Article 93 (3) of the EC Treaty. It is furthermore incompatible with the common market within the meaning of Article 92 (1) of the EC Treaty and cannot qualify for any of the derogations laid down in Article 92 (2) and (3).

Article 2

Belgium shall take appropriate measures to terminate forthwith the granting of the increased reductions in social security contributions referred to in Article 1 and shall recover the illegal aid from the recipient undertakings. The aid shall be repaid in accordance with the procedures and provisions of Belgian law, with interest charged, from the date the aid was granted until the date it is actually repaid, 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 Belgium.

Article 3

Belgium shall inform the Commission of the measures it has taken to comply with this Decision within two months of the date of its notification.

Article 4

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 4 December 1996.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) SG(96) D/6225.

(2) OJ No C 227, 6. 8. 1996, p. 8.

(3) OJ No C 334, 12. 12. 1995, p. 7.

(4) Community guidelines on State aid for rescuing and restructuring firms in difficulty, (OJ No C 368, 23. 12. 1994, p. 12).

(5) SG(96) D/8024.

(6) See points 21 and 22 of the Commission communication on the monitoring of State aid and reduction of labour costs (SG(96) D/8024).

(7) Judgment of 10 December 1969 in Joined Cases 6 and 11/69, Commission v. France [1969] ECR 523; Judgment of 2 July 1974 in Case 173/73, Italy v. Commission [1974] ECR 709.