2002/224/EC: Commission Decision of 19 September 2001 on the State aid granted by Italy to Enichem SpA (Text with EEA relevance) (notified under document number C(2001) 2902)

• Articles: 2

Article 1

The State aid contained in the capital of ITL 3000 billion injected in 1994 by ENI into Enichem SpA is compatible with the common market under Article 87(3)(c) of the Treaty.

Article 2

This Decision is addressed to the Republic of Italy.

Done at Brussels, 19 September 2001.

For the Commission

Mario Monti

Member of the Commission

(1) OJ C 245, 28.8.1999, p. 15.

(2) OJ C 151, 2.6.1994, p. 3.

(3) OJ C 330, 26.11.1994, p. 7.

(4) [1998] ECR II-3235.

(5) Paragraph 200 of the judgment.

(6) The Italian State currently holds less than 50 % of ENI's capital.

(7) This figure does not include reduced capacity in additives (Ravenna), intermediate products (Pedrengo), fine chemicals (Villadossola), Terbond (Pisticci) and the 50 % of the PVC joint venture.

(8) Case C-305/89, [1991] ECR I-1603.

(9) Communication to the Member States on the application of Articles 92 and 93 of the EEC Treaty and of Article 5 of Commission Directive 80/723/EEC to public undertakings in the manufacturing sector, OJ C 307, 13.11.1993.

(10) See the Decision of 16 March 1994 initiating the procedure under former Article 93(2) (see footnote 2).

(11) See paragraph 100 of Community guidelines on State aid for rescuing and restructuring firms in difficulty, OJ C 288, 9.10.1999, p. 2. In paragraph 15 of the decision opening proceedings (see footnote 1), the Commission referred to restructuring guidelines in general, citing those published in 1997 (which do not change the policy set out in the 1994 guidelines save for the agricultural sector) and those of 1999. However, according to paragraph 100 of the guidelines published in 1999, there is no doubt that the only relevant text in the present case is that for 1994.

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

(13) See footnote 1.