97/270/EC: Commission Decision of 22 October 1996 on a tax credit scheme introduced by Italy for professional road hauliers (C 45/95 ex NN 48/95) (Only the Italian text is authentic) (Text with EEA relevance)

• Articles: 4

Article 1

The scheme of aid in favour of professional road hauliers introduced by Italy in the form of a tax credit, as provided for in Law No 162 of 27 May 1993 (GURI No 123, 28. 5. 1993), Law No 84 of 22 March 1995 (GURI No 68, 22. 5. 1995) and Decree Law No 402 of 26 September 1995 (GURI No 226, 27. 9. 1995), is unlawful on the grounds that it was introduced in breach of the procedural rules laid down in Article 92 (3), and is also incompatible with the common market within the meaning of Article 92 (1) of the Treaty, in so far as it meets none of the conditions for the exemptions provided for in Article 92 (2) and (3) nor the conditions in Regulation (EEC) No 1107/70.

Article 2

Italy shall abolish the aid referred to above, refrain from adopting new legislative or regulatory instruments introducing any new aid in the form described above and recover the aid. The aid shall be reimbursed in accordance with the procedures and provisions of Italian law, together with interest calculated by applying the reference rates used for assessment of regional aid, for the period from the date on which the unlawful aid was granted to the date on which it was actually repaid.

Article 3

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

Article 4

This Decision is addressed to the Italian Republic.

Done at Brussels, 22 October 1996.

For the Commission

Neil KINNOCK

Member of the Commission

(1) OJ No L 233, 16. 9. 1993, p. 10.

(2) See minutes of the 1228th meeting of the Commission held in Brussels on 21 December 1994 (morning).

(3) Decree Law No 20 of 21 January 1995 published in the Gazzetta Ufficiale della Repubblica Italiana on 21 January 1995.

(4) OJ No C 3, 6. 1. 1996, p. 2.

(5) OJ No L 130, 15. 6. 1970, p. 1.

(6) Judgment of 2 July 1974 - Government of the Italian Republic v. Commission of the European Communities [1974] ECR, p. 709 to 721.

(7) Cf. Judgment of the Court of Justice of 29 February 1996 in Case C-56/93 (preferential tariff system for supplies of natural gas to Dutch nitrate fertilizer producers).

(8) OJ No L 316, 31. 10. 1992, p. 19.

(9) Judgment of 10 December 1969, Cases 6 and 11/69, Commission v. France [1969] ECR 523, paragraph 21.

(10) Figures from Oil Bulletin - European Commission - Directorate-General for Energy.

(11) Road freight transport in the single European market - Report by the Committee of Enquiry - July 1994.

(12) Data sent by Member States to DG VII and included in the letter of 10 February 1995 to the Permanent Representatives.

(13) OJ No L 95, 9. 4. 1992, p. 1.

(14) OJ No L 279, 12. 11. 1993, p. 1.

(15) OJ No C 213, 19. 8. 1992, p. 2.