97/242/EC: Commission Decision of 18 September 1996 amending Decision 92/317/EEC on State aid in favour of Hilaturas y Tejidos Andaluces SA, now called Mediterráneo Técnica Textil SA and its buyer (Only the Spanish text is authentic) (Text with EEA relevance)

• CELEX: Decision 92/317/EEC
• Articles: 3

Article 1

Commission Decision 92/317/EEC is amended as follows:

1. Article 2, second paragraph, is replaced by the following paragraph:

'This aid is considered incompatible with the common market within the meaning of Article 92 (1) of the EC Treaty, as it does not meet the conditions for any of the exceptions contained in paragraphs 2 and 3 of the said Article to apply.`;

2. Article 3 is replaced by the following text:

'Article 3

Patrimonio del Estado will recover from Mediterráneo Técnica Textil (formerly Hilaturas y Tejidos Andaluces SA (Hytasa)) the Pta 4 200 million granted. The recovery of the aid shall be made in accordance with Spanish law, including the provisions concerning interest due for late payment of amounts owing to the Government, such interest running from the date of the award of the aid.

These provisions are to be applied in such a way that the recovery required by the Community law is not rendered practically impossible. Any procedural or other difficulties with regard to the implementation of the measure shall not have any influence on its effectiveness.`;

3. Article 4 is replaced by the following text:

'Article 4

Any agreement providing for compensation to the buyers of Hilaturas y Tejidos Andaluces SA by the State or Patrimonio del Estado as a result of their obligation to reimburse the aid on the basis of this Decision shall not be carried out.`

Article 2

The Spanish Government shall inform the Commission within two months of notification of this Decision of the measures taken to comply with it.

Article 3

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 18 September 1996.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No C 320, 20. 12. 1990, p. 14.

(2) OJ No L 171, 26. 6. 1992, p. 54.

(3) This aid element resulted from subtracting the Pta 100 million paid by the buyer for the company from the Pta 4 300 million capital injection by Patrimonio del Estado.

(4) [1994] ECR, I-4103.

(5) OJ No C 31, 3. 2. 1979, p. 9.

(6) The exceptions contained in Article 92 (3) (b) and (d) are not applicable to this case.

(7) The IFA. is a public entity belonging to the Andalusian Autonomous Community.

(8) State aid N 624/92.

(9) OJ No C 318, 24. 11. 1983, p. 3.

(10) [1973] ECR, p. 813.

(11) [1987] ECR, p. 901.

(12) [1990] ECR, p. I-959.