1. The measures for the writing-off of the operating losses incurred by Azienda Comunale Centrale del Latte di Roma from 1992 to 1997 do not constitute State aid within the meaning of Article 87(1) of the Treaty to Lazio milk producers.
2. The procedure for the privatisation of Azienda Comunale Centrale del Latte di Roma does not involve State aid within the meaning of Article 87(1) of the Treaty.
3. The measures for the writing-off of the operating losses of Azienda Comunale Centrale del Latte di Roma between 1992 and 1997 are incompatible with the common market.
1. Within two months of notification of this Decision, the Italian authorities shall take all measures necessary to recover from the beneficiaries the aid referred to in Article 1(3) that was unlawfully granted to them.
2. The aid shall be recovered in accordance with the procedures laid down by Italian law. The sums to be recovered shall bear interest from the date on which they were made available to the beneficiaries until their actual recovery. Interest shall be calculated on the basis of the reference rate used for calculating the grant equivalent of regional aid.
Within two months of notification of this Decision, Italy shall inform the Commission of the measures it has taken to comply with it.
This Decision is addressed to the Italian Republic.
Done at Brussels, 11 April 2000.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ C 206, 2.7.1998, p. 6.
(3) See footnote 2.
(4) These were the most recent data available on the date of initiation of the procedure provided for in Article 88(2) of the Treaty.
(5) Judgment of the Court of First Instance in Case T-459/93 Siemens SA v Commission of the European Communities [1995] ECR II-1675.
(6) OJ C 283, 19.9.1997, p. 2.
(7) Judgment of the Court of Justice in Case C-179/90 Merci convenzionali porto di Genova SpA v Siderurgica Gabrielli SpA [1991] ECR I-5889.
(8) See footnote 1.
(9) In order to safeguard commercial information, the names of companies/joint ventures have been replace by letters plus asterisks.
(10) Points 402 et seq. of XXIIIrd Report on Competition Policy (1993).
(11) OJ C 283, 19.9.1997, p. 2.
(12) OJ L 209, 24.7.1992, p. 1.
(13) See footnote 1.
(14) Source: Eurostat.
(15) Judgment of the Court of Justice in Case 102/87 French Republic v Commission of the European Communities [1988] ECR 4067.
(16) OJ C 209, 10.7.1997, p. 3.
(17) See footnote 5.
(18) See footnote 11.
(19) OJ C 288, 9.10.1999, p. 2.
(20) OJ C 288, 9.10.1999, p. 2.
(21) OJ L 142, 2.6.1997, p. 1.
(22) Commission Decision on the selection criteria to be adopted for investments for improving the processing and marketing conditions for agricultural and forestry products and repealing Decision 90/342/EEC (OJ L 79, 23.3.1994, p. 29).
(23) See judgment cited in footnote 7.
(24) [1973] ECR 611.
(25) [1973] ECR 1417.
(26) [1977] ECR 595.
(27) [1991] ECR I-5505.
(28) OJ L 83, 27.3.1999, p. 1.
(29) OJ C 74, 10.3.1998, p. 9.
