97/364/EC: Commission Decision of 5 February 1997 concerning the financing of shipbuilding in Denmark during 1987 to 1993 (Only the Danish text is authentic) (Text with EEA relevance)

• Articles: 5

Article 1

The Danish Government did not adequately fulfil its obligations under Articles 11 and 12 of Directive 87/167/EEC and Directive 90/684/EEC on aid to shipbuilding respectively, namely to inform the Commission about the price paid by the real shipowner as regards the 58 cases under examination.

Article 2

The aid measures adopted as regards contracts for shipbuilding Nos L 148, L 149, L 150, L 151 and L 152 at Odense Staalskibsværft A/S exceeded the ceiling set down in Directive 90/684/EEC on aid to shipbuilding and are hereby declared unlawful, since they were granted in breach of the provisions of the Directive and are therefore incompatible with the common market.

Article 3

Denmark shall require the shipyard concerned to repay the excess aid granted amounting to Dkr 1,018 million (ECU 137 000, January 1997) in accordance with the procedures and provisions laid down by Danish law relating to interest on arrears for debts to the State, with interest running from the date on which the unlawful aid was paid at an interest rate equal to the reference rate that was used at the time to calculate the net grant equivalent of the various types of aid in Denmark.

Article 4

Denmark shall inform the Commission, within two months of the date of notification of this Decision, of the measures taken to comply therewith.

Article 5

This Decision is addressed to the Kingdom of Denmark.

Done at Brussels, 5 February 1997.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No L 69, 12. 3. 1987, p. 55.

(2) OJ No L 380, 31. 12. 1990, p. 27.

(3) SG (96) D/6954.

(4) OJ No C 232, 10. 8. 1996, p. 6.

(5) SG (87) D/4996, SG (88) D/625 and SG (89) D/3952.

(6) SG (91) D/12117 and SG (92) D/10731.

(7) The Danish Government was informed of the Commission's decision in its letter of 15 April 1987, SG (87) D/4996.

(8) The Danish Government was informed of the Commission's decision in its letter of 20 September 1990, SG (90) D/27292 and in a letter of 20 June 1991, SG (91) D/12117.

(9) SG (89) D/5521 of 27 April 1989.

(10) SG (87) D/4996.