The aid schemes provided for in Regional Law No 44/89 and Regional Law No 57/92 on aid for the purchase of land are unlawful since they have been granted in breach of the procedural rules contained in Article 93(3) of the Treaty.
Those aid schemes are, furthermore, incompatible with the common market under Article 92 of the Treaty and must be abolished where they fail to comply with the maximum rates of 35 % or 75 % in the less-favoured areas defined in Articles 21 to 25 of Regulation (EC) No 950/97.
1. Italy shall recover the aid granted under Regional Law No 44/89 as amended by Law No 57/92 where it exceeds the maximum rates of 35 % or 75 %, respectively:
(a) in the mountainous and less-favoured areas within the meaning of Directive 75/268/EEC in the case of aid granted up to 9 June 1997;
(b) in the less-favoured areas defined in Articles 21 to 25 of Regulation (EC) No 950/97 in the case of aid granted after 9 June 1997.
2. Aid granted in excess of the abovementioned maximum rates shall be recovered within two months of the date of notification of this Decision. Recovery shall be made in accordance with the procedures and provisions of national law.
Amounts to be recovered shall bear interest from the date on which each aid is granted. Interest shall be calculated on the basis of the commercial rate, with reference to the rate used to calculate the subsidy equivalent for regional aids.
Italy shall inform the Commission, within two months of the date of notification of this Decision, of the measures it intends taking to comply with it, and within three months of its date of notification of the measures actually taken to comply with it.
This Decision is addressed to the Italian Republic.
Done at Brussels, 17 June 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ C 267, 14. 10. 1995, p. 9.
(2) OJ C 267, 14. 10. 1995, p. 9.
(3) OJ L 128, 19. 5. 1975, p. 1.
(4) OJ L 142, 2. 6. 1997, p. 1.
(5) OJ L 91, 6. 4. 1990, p. 1.
(6) OJ L 142, 2. 6. 1997, p. 22.
(7) OJ L 163, 29. 6. 1990, p. 71.
(8) OJ C 189, 12. 7. 1994, p. 5.
(9) OJ L 218, 6. 8. 1991, p. 1.
(10) OJ L 142, 2. 6. 1997, p. 1.
(11) OJ L 91, 6. 4. 1990, p. 1.
(12) State aid Nos N 682/97 (OJ C 67, 3. 3. 1998), N 156/97 (OJ C 347, 18. 11. 1997), N 797/96 (OJ C 245, 12. 8. 1997) and N 940/96 (OJ C 231, 30. 7. 1997).
(13) OJ L 93, 30. 3. 1985, p. 1.
