The State aid scheme implemented by Spain by means of Government of Extremadura Ministry of Agriculture and Trade Order of 8 July 1998 laying down the aid for horticultural products intended for industrial processing for the 1997/98 marketing year, with the exception of the aid for potatoes, is incompatible with the common market.
Spain shall abolish the aid scheme referred to in Article 1.
1. Spain shall adopt all measures necessary to recover from the beneficiaries all aid referred to in Article 1 which has been granted illegally.
2. Recovery shall be immediate and in accordance with the procedures laid down in Spanish law, provided that these permit the immediate and effective implementation of this Decision. The amounts to be repaid must include interest from the date the aid was made available to the beneficiaries to its actual recovery. The interest must be calculated on the basis of the reference rate used to calculate the grant equivalent of regional aid.
Spain shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 22 December 1999.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 160, 26.6.1999, p. 80.
(3) OJ C 233, 14.8.1999, p. 37.
(4) Diario Oficial de Extremadura No 84, 23 July 1998, p. 5807.
(5) See footnote 3.
(6) Diario Oficial de Extremadura No 82, 13 July 1993, p. 2071.
(7) Source:
Eurostat 1998.
(8) OJ 30, 20.4.1962, p. 993/62.
(9) OJ 53, 1.7.1962, p. 1571/62.
(10) Precedents: aid N 51/92, N 741/94, N 623/92, N 214/91 and NN 24/93.
(11) [1995] ECR II-1675.
(12) [1979] ECR 2161.
(13) [1973] ECR 813.
(14) [1987] ECR 901.
(15) [1990] ECR I-3437.
(16) OJ L 83, 27.3.1999, p. 1.
(17) OJ C 74, 10.3.1998, p. 9.