97/611/EC: Commission Decision of 2 April 1997 on aid to the sheepmeat industry (promotional aid) (Only the French text is authentic) (Text with EEA relevance)

• Articles: 5

Article 1

The promotional aid measures notified by letter of 12 August 1994 from the French Permanent Representation to the European Union are illegal under Article 93 (3) of the Treaty in the case where they have been applied; the aid is incompatible with the common market under Article 92 of the EC Treaty and may not be granted.

Article 2

France is required to abolish the aid referred to in Article 1 within two months of the date of notification of this Decision.

Article 3

France is required to demand reimbursement of the aid referred to in Article 1 by means of recovery from the direct beneficiary (Interbev) within six months of the date of notification of this Decision.

Reimbursement shall be carried out in accordance with the procedures and provisions of French law. The sums to be recovered shall attract interest from the date on which the aid in question was granted. The interest shall be calculated on the basis of the commercial rate, with reference to the rate used for the calculation of the subsidy equivalent in the context of regional aids.

Article 4

France shall inform the Commission, on the one hand, within two months from the date of notification of this Decision, of the measures it intends to take to comply with this Decision and, on the other hand, within the time limit provided for in Article 3, of the measures it has taken to comply with this Decision.

Article 5

This Decision is addressed to the French Republic.

Done at Brussels, 2 April 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 289, 7. 10. 1989, p. 1.

(2) OJ L 206, 16. 8. 1996, p. 25.

(3) OJ C 289, 31. 10. 1995, p. 12.

(4) See the framework for national aids for the advertising of agricultural products and certain products not listed in Annex II to the EEC Treaty, excluding fishery products, OJ C 302, 12. 11. 1987, p. 6.

(5) Comext 2.

(6) Comext 2.

(7) OJ C 302, 12. 11. 1987, p. 6.

(8) Case 8/74, [1974] ECR 837, at p. 852.

(9) OJ C 272, 28. 10. 1986, p. 3.

(10) Cases 249/81 ('Buy Irish`) and 222/82 ('Apple and Pear Development Council`).

(11) See the Framework for national aids for the advertising of agricultural products and certain products not listed in Annex II to the EEC Treaty, excluding fishery products, OJ C 302, 12. 11. 1987, p. 6.

(12) Case 13/78, 'Eggers`, [1978] ECR 1935, point 24 et seq.

(13) Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer, OJ L 33, 8. 2. 1979, p. 1.

(14) [1973] ECR 611.

(15) [1973] ECR 1471.

(16) [1977] ECR 595.

(17) [1991] ECR I-5505.

(18) [1987] ECR 901.

(19) [1990] ECR I-3437.

(20) Commission communication to the Member States (OJ C 156, 22. 6. 1995, p. 5).