97/612/EC: Commission Decision of 16 April 1997 on aid granted by the Region of Sardinia, Italy, in the agriculture sector (Only the Italian text is authentic)

• Articles: 4

Article 1

The aid granted by the Region of Sardinia under Article 5 of Regional Law No 44/88 and the decisions of the Regional Executive of 30 December 1988, 27 June 1990, 20 November 1990 and 26 June 1992 is illegal in that it was granted without the Commission having been able to give its opinion on the measures at the draft stage. The aid is also incompatible with the common market under Article 92 (1) of the Treaty and does not meet the conditions for a derogation laid down in paragraphs 2 and 3 of that Article.

Article 2

1. Italy shall be required to abolish the aid referred to in Article 1 within two months from the date of notification of this Decision.

2. Within six months from the date of notification of this Decision Italy shall be required to adopt the measures necessary to recover, by means of reimbursement, the aid referred to in Article 1.

3. Reimbursement shall be in accordance with the procedures laid down in Italian law; interest shall accrue from the date on which the aid was paid. The interest rate applicable shall be the reference rate used to determine subsidy equivalent in the context of regional aid.

Article 3

1. Italy shall regularly inform the Commission of the measures adopted to comply with this Decision. The first communication shall be made within two months of the notification of this Decision.

2. Within two months after the expiry of the time-limit in Article 2 (2) Italy shall communicate to the Commission the information enabling it to check, without further investigation, that the requirement to recover the aid has been met.

Article 4

This Decision is addressed to the Italian Republic.

Done at Brussels, 16 April 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ C 271, 29. 9. 1994, p. 14.

(2) OJ L 128, 19. 5. 1975, p. 1.

(3) OJ L 93, 30. 3. 1985, p. 1.

(4) OJ C 368, 23. 12. 1994, p. 12.

(5) Judgment of the Court of First Instance of the European Communities of 8. 6. 1995 in Case T-459 Siemens v. Commission of the European Communities [1995] ECR II-1675.

(6) [1973] ECR 611.

(7) [1991] ECR I-5505.

(8) [1973] ECR 813.

(9) [1987] ECR 901.

(10) [1990] ECR I-3437.

(11) OJ C 232, 10. 8. 1996, p. 10.