98/384/EC: Commission Decision of 21 January 1998 on aid granted by the Netherlands to a hydrogen peroxide works in Delfzijl (notified under document number C(1998) 232) (Only the Dutch text is authentic) (Text with EEA relevance)

• Articles: 4

Article 1

The aid amounting to NLG 6,3 million which the Netherlands granted to FMC Industrial Chemicals (Netherlands) BV in excess of the aid ceiling laid down by the IPR scheme approved by the Commission is unlawful, in that it was granted before the Commission had submitted its comments in accordance with Article 93(3) of the EC Treaty.

That aid is also incompatible with the common market within the meaning of Article 92(1) of the EC Treaty and Article 61(1) of the EEA Agreement, and does not qualify for any of the exemptions laid down in Article 92(2) and (3) of the EC Treaty or Article 61(2) and (3) of the EEA Agreement.

Article 2

The Netherlands shall take whatever steps are necessary to recover the unlawful aid referred to in Article 1. Repayment shall be made in accordance with the procedures and provisions of Netherlands law; the amount to be repaid shall bear interest from the date on which the aid was granted until the date on which it is in fact repaid, the interest rate being equal to the reference rate in use on the date of repayment for the calculation of the net grant equivalent of regional aid in the Netherlands.

Article 3

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

Article 4

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 21 January 1998.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) Commission Decision of 27 December 1990: State aid measure No N 514/90 - Netherlands.

(2) SG(96) D/8632.

(3) OJ C 112, 10. 4. 1997, p. 3.

(4) State aid measure No C 36/92, ex NN 108/92: OJ C 21, 25. 1. 1994, p. 4.

(5) OJ L 103, 25. 4. 1979, p. 1.

(6) OJ L 206, 22. 7. 1992, p. 7.

(7) ECR [1993] I-887.

(8) OJ C 112, 10. 4. 1997, p. 3.

(9) OJ C 112, 10. 4. 1997, p. 3.

(10) [1987] ECR 4617.

(11) OJ L 222, 12. 8. 1997, p. 26.

(12) [1992] ECR I-4145.

(13) Source: Chem Systems; data supplied by the Netherlands authorities.

(14) Source: Chem Systems; data supplied by the Netherlands authorities.

(15) ECR [1993] I-887.

(16) OJ C 21, 25. 1. 1994, p. 4.

(17) OJ C 209, 10. 7. 1997, p. 3.

(18) OJ C 21, 25. 1. 1994, p. 4.

(19) OJ C 72, 10. 3. 1994, p. 3.

(20) OJ L 103, 3. 4. 1998, p. 28.

(21) ECR [1973] 813.

(22) ECR [1987] 901 and ECR [1990] I-3437 respectively.

(23) OJ L 222, 12. 8. 1997, p. 26.