1999/678/EC: Commission Decision of 3 March 1999 concerning aid granted by Italy to firms affected by the bankruptcy of Sirap SpA (notified under document number C(1999) 584) (Text with EEA relevance) (Only the Italian text is authentic)

• Articles: 6

Article 1

The measures to assist firms affected by the bankruptcy of Sirap SpA, which are provided for in the law of the Region of Sicily approved on 24 March 1996 and subsequently adopted as Regional Law No 8 of 22 March 1997 and which take the form of guarantees and interest subsidies, constitute aid within the meaning of Article 92(1) of the Treaty.

The portion of that aid which exceeds the ceiling of EUR 100000 over three years provided for in the de minimis notice is illegal inasmuch as it was granted before a decision was taken by the Commission under Article 93(3) of the Treaty.

Article 2

The aid not covered by the de minimis rule referred to in Article 1 is also incompatible with the common market as it does not qualify for exemption under Article 92(2) and (3) of the Treaty.

Article 3

Italy shall abolish the part of the aid scheme in question that is not covered by the de minimis rule and shall take the necessary steps to recover the aid granted illegally and described in Article 1 of this Decision.

Where the financial position of a firm receiving aid referred to in Article 1 of this Decision would have afforded it normal access to the capital market without the State guarantee, recovery shall apply only to the interest subsidy.

Where a recipient would not have been able to obtain the loan in question without the State guarantee, the full amount of aid shall be recovered.

Article 4

The aid shall be recovered in accordance with the procedures and provisions of Italian law, together with interest starting to run from the date on which the aid was granted to the date on which it was repaid. The rate shall be the reference rate, applicable on the date the aid was granted, used to calculate the net grant equivalent of regional aid in Italy.

Article 5

The Italian Government shall inform the Commission, within two months of the date of notification of this Decision, of the measures taken to comply herewith.

Article 6

This Decision is addressed to the Italian Republic.

Done at Brussels, 3 March 1999.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ C 359, 28.11.1996, p. 3.

(2) OJ C 368, 23.12.1994, p. 12.

(3) Published by the Office for Official Publications of the European Communities.

(4) OJ C 212, 12.8.1988, p. 2.

(5) OJ C 68, 6.3.1996, p. 9.

(6) [1973] ECR 813.

(7) [1987] ECR 901.

(8) [1990] ECR I-3437.