97/762/EC: Commission Decision of 9 July 1997 on measures taken by Portugal to assist EPAC - Empresa Para a Agroalimentação e Cereais, SA (Only the Portuguese text is authentic)

• Articles: 4

Article 1

The aid granted by the Portuguese Government to EPAC is illegal since it was granted in contravention of the procedural rules referred to in Article 93 (3) of the Treaty. Furthermore, it is incompatible with the common market pursuant to Article 92 (1) of the Treaty and does not meet the conditions for derogations provided for in Article 92 (2) and (3) of the Treaty.

Article 2

1. Portugal must cancel the aid referred to in Article 1 within 15 days of the date of notification of this Decision.

2. Within two months of the rate of notification of this Decision, Portugal shall take the measures necessary to recover the aid referred to in Article 1.

3. Recovery of the aid shall be carried out in accordance with the procedures laid down in Portuguese legislation, with interest due from the date on which the aid was paid. The interest rate to be applied must be the reference rate used to calculate subsidy equivalents in the context of regional aid.

Article 3

1. Portugal shall keep the Commission regularly informed of the measures it adopts to meet the requirements of this Decision. Its first communication shall be made not later than one month from the notification of this Decision.

2. Not later than two months after the expiry of the period provided for in Article 2 (2), Portugal shall send the Commission information to enable it to verify without any additional investigation that the obligation to recover the aid has been met.

Article 4

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 9 July 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1. 7. 1992, p. 21.

(2) OJ L 126, 24. 5. 1996, p. 37.

(3) OJ C 140, 7. 5. 1997, p. 16.

(4) Published in the Portuguese Official Journal, Series II, No 237, 12. 10. 1996.

(5) OJ L 25, 28. 1. 1997, p. 17.

(6) OJ C 27, 28. 1. 1997, p. 12.

(7) [1990] ECR I-307.

(8) OJ L 186, 16. 7. 1997, p. 25.

(9) Source Eurostat.

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

(11) See Commission Communication concerning the application of Articles 92 and 93 of the Treaty and Article 5 of Commission Directive 80/723/EEC to public undertakings in the manufacturing sector (OJ C 307, 13. 11. 1993, p. 3) and Commission notice on the de minimis rule for State aid (OJ C 68, 6. 3. 1996, p. 9).

(12) Bank of Portugal Statistical Bulletin, January 1997.

(13) Judgment of the Court of First Instance in Case T-459/93 Siemens v. Commission of the European Communities [1995] ECR II-1675.

(14) [1973] ECR 611.

(15) [1991] ECR 5505.

(16) [1973] ECR 813.

(17) [1987] ECR 901.

(18) [1990] ECR I-3437.

(19) Commission letter to the Member States SG (91) D/4577, 4. 3. 1991.

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