2001/856/EC: Commission Decision of 4 October 2000 concerning State aid to Verlipack, Belgium (Text with EEA relevance) (notified under document number C(2000) 2926)

• Articles: 7

Article 1

The Commission decision of 16 September 1998 not to raise objections in respect of the capital contributed to Verlipack is hereby revoked under Article 9 of Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty.

Article 2

The State aid totalling EUR 8676273 (BEF 350 million) granted by Belgium to Verlipack is incompatible with the common market.

Article 3

The State aid totalling EUR 6197338 (BEF 250 million) granted by Belgium to Verlipack is incompatible with the common market.

Article 4

The State aid totalling EUR 6197338 (BEF 250 million) granted by Belgium to Verlipack contains an element of State aid amounting to 176624 (BEF 7,125 million) that is incompatible with the common market.

Article 5

1. Belgium shall take the necessary steps to recover from the recipient the aid referred to in Articles 2 to 4, which was granted to it unlawfully.

2. Recovery shall be effected in accordance with the procedures of national law. The sums to be recovered shall bear interest from the date on which they were made available to the recipient until their actual recovery. The interest shall be calculated on the basis of the reference rate used to calculate the grant equivalent of regional aid.

Article 6

Belgium shall inform the Commission within two months of the date of notification of this Decision of the measures it has taken to comply herewith.

Article 7

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 4 October 2000.

For the Commission

Mario Monti

Member of the Commission

(1) OJ C 29, 4.2.1999, p. 13.

(2) Bulletin EC 9-1984.

(3) Set up on 24 January 1997 by the Beaulieu group without the involvement of the Walloon Region.

(4) Société Régionale d'Investissement de Wallonie, a public limited company.

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

(6) OJ C 288, 9.10.1999, p. 24.

(7) OJ L 312, 9.11.1982, p. 18.

(8) Aid N 123/85.

(9) Eighth Competition Report, point 228.

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

(11) Glass factory.

(12) Case C-39/94 SFEI [1996] ECR I-3579, point 73.

(13) Case C-305/89 Alfa Romeo [1991] ECR I-1603, points 18 and 19.

(14) Joined Cases C-329/93, C-62/95 and C-63/95 Germany v Commission [1996] ECR I-5151, point 56.

(15) The letter of 21 January 1996 from SRIW to Heye was attached to the comments.

(16) SG(97)D/7114.

(17) Against 7,21 % before.

(18) On 20 January 1999 according to the memo of 25 February 1999 sent in the course of the Commission's investigation leading to the initiation of the procedure under Article 88(2) of the EC Treaty.

(19) Judgment of 31 May 1999 of the Mons Commercial Court rejecting the statement of bankruptcy.

(20) Case T-16/96 [1998] ECR II-757.

(21) Société pour la gestion des participations de la Région wallonne dans des sociétés commerciales (company managing Walloon Region holdings in commercial firms).

(22) At the same time as the Commission investigation was underway, which resulted in the decision of 16 September 1998.

(23) See also the Commission decision of 16 September 1998.

(24) I.e. several weeks before the declaration of bankruptcy in January 1999.

(25) Document dated 27 February 1997, signed by R. Collignon, then Minister-President of the Walloon Government concerning the composition of the holding: Beaulieu group, Heye Glas and Walloon Region.

(26) See the document of 27 February 1997.

(27) Cases C-329/93, C-62/95 and C-63/95 Germany v Commission [1996] ECR I-5151, paragraph 56.

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

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

(30) N 307/93/A - Commission decision of 8 June 1994 on a review of development areas in Hainaut, programming of objective 1, 1994-99.

(31) OJ C 74, 10.3.1998, p. 9.

(32) Verre-avenir: Key figures concerning the container glass industry.

(33) See paragraph 4.15 of the regional aid guidelines.

(34) In "full knowledge of the rules of procedure and financial position of the Verlipack Holding II SA".

(35) Annex of 20 November 1998 to the transfer agreement of 18 December 1996 between the Walloon Region and the Beaulieu group on the acquisition of 14214 shares.

(36) Decision of 16 September 1998.