2001/247/EC: Commission Decision of 29 November 2000 on the aid scheme implemented by Spain in favour of the shipping company Ferries Golfo de Vizcaya (Text with EEA relevance) (notified under document number C(2000) 3931)

• Articles: 4

Article 1

The State aid which Spain has implemented in favour of Ferries Golfo de Vizcaya, to the sum of ESP 985500000, is incompatible with the common market.

Article 2

1. Spain shall take all the necessary measures to recover from the recipient the aid referred to in Article 1 made available to it unlawfully.

2. Recovery shall be effected without delay in accordance with the procedures of national law, provided these allow the immediate and effective execution of this Decision. The sums to be recovered shall bear interest from the date on which they were made available to the recipient until their actual recovery. Interest shall be calculated on the basis of the reference rate used for calculating the grant-equivalent of regional aids.

Article 3

Spain shall inform the Commission, within two months following the date of notification of this Decision, of the measures taken to comply with it.

Article 4

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 29 November 2000.

For the Commission

Loyola De Palacio

Vice-President

(1) OJ C 70, 8.3.1994, p. 5; OJ C 233, 14.8.1999, p. 22.

(2) See first reference in footnote 1.

(3) OJ C 321, 1.12.1995, p. 4.

(4) 1999 ECR II-139.

(5) See second reference in footnote 1.

(6) Ferries Golfo de Vizcaya was a subsidiary of P & O European Ferries of the United Kingdom and Vapores Suardiaz of Spain. Since 1994, Ferries Golfo de Vizcaya has been 100 % owned by P & O European Ferries.

(7) They referred to the judgment of the Court of First Instance of the European Communities of 14 September 1994 in Cases C-278/92, C-279/92 and C-280/92, Spain v Commission (1994 ECR I-4103).

(8) Annex 1 to "Financial and fiscal measures concerning shipping operations with ships registered in the Community", SEC(89)921 final.

(9) OJ C 205, 5.7.1997, p. 5.

(10) Even though the District Council of Vizcaya had stopped contributing to this programme.

(11) Ferries Golfo de Vizcaya may alter its sailing schedule for commercial reasons only after notifying the District Council of Vizcaya.

(12) ESP 911800000 under the first Agreement and ESP 985500000 under the second Agreement.

(13) OJ L 378, 31.12.1986, p. 1.

(14) See the judgment of 8 June 1995 of the Court of First Instance in Case T-459/93, Siemens v Commission, 1995 ECR II-1675.

(15) See judgment of 17 September 1980 of the Court of Justice in Case 730/79, Philip Morris Holland BV v Commission, 1980 ECR 2671.

(16) See point 2 of the Guidelines on national regional aid (OJ C 74, 10.3.1998, p. 9).

(17) 1997 ECR I-0135.

(18) This notion was explained by the Commission in its letter to the Member States of 27 April 1989 (ref. SG(89)D/5521).

(19) OJ L 83, 27.3.1999, p. 1.