2003/227/EC: Commission Decision of 2 August 2002 on various measures and the State aid invested by Spain in "Terra Mítica SA", a theme park near Benidorm (Alicante) (notified under document number C(2002) 2980) (Text with EEA relevance)

• Articles: 3

Article 1

The measures relating to the funding of the infrastructure necessary for the operation of the Terra Mítica SA theme park, the value of the assets (notably the land and the Terra Mítica trademark) transferred to Terra Mítica SA by Parque Temático de Alicante SA, the conditions governing the shareholder's loan granted to Terra Mítica SA, and the contract between the Valencian Tourist Agency and Terra Mítica SA do not constitute State aid within the meaning of Article 87(1) of the Treaty.

Article 2

The State aid granted by the Benidorm local authorities in the form of a rebate on the municipal tax on building, installations and other work to Terra Mítica SA, which totalled ESP 88399400 (EUR 531291) is compatible with the Treaty, in accordance with Article 87(3)(a) thereof.

Article 3

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 2 August 2002.

For the Commission

Mario Monti

Member of the Commission

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

(2) OJ C 300, 26.10.2001, p. 2.

(3) OJ C 300, 26.10.2001, p. 2.

(4) The major ones are: Caja de Ahorros del Mediterráneo (15 %), Bancaja (10 %), Caja Rural de Valencia (5,827 %), Ediciones Calpe SA (5 %), Mondirber SA (5 %), Lladró Comercial SA (5 %), Crónica Mítica Valenciana (5 %), ATEVAL (5 %) and AUMAR (5 %).

(5) In practice, only a relatively small part of the land (where the park will be situated, i.e. some 10 % of the land) was transferred to Terra Mítica SA. All the remaining land still belongs to the public company which plans to build hotels, golf courses, etc.

(6) See recital 49 of the decision.

(7) See recital 50 of the decision.

(8) See recital 52 of the decision.

(9) See recital 53 of the decision.

(10) See recital 57 of the decision.

(11) See recital 59 of the decision.

(12) See recital 61 of the decision.

(13) See recital 62 of the decision.

(14) See recital 63 of the decision.

(15) See recital 51 in fine of the decision.

(16) See recital 56 in fine of the decision.

(17) See recital 58 in fine of the decision.

(18) See recital 60 in fine of the decision.

(19) See recital 64 in fine of the decision.

(20) In these cases, the price paid was higher because the landowners gave up the reversionary interest.

(21) Tabimed.

(22) ESP 1300/m2 for TINSA and ESP 1062/m2 for Tabimed.

(23) The Commission had concluded that the syndicated loan did not involve any State aid (see recital 57 of the decision of 20 June 2001).

(24) Business secret: Parts of this text have been withheld to ensure confidentiality; these parts are genoted by square brackets and an asterisk.

(25) OJ C 273, 9.9.1997, p. 3.

(26) The firm concerned is Ahorro Corporación Financiera, SBV, SA, which is one of Spain's principal financial consultancies. It is a private company in which 42 Spanish savings banks have a share and which has a great deal of experience on the Spanish financial market.

(27) The rebate was ESP 88399400 (EUR 531291).

(28) This expenditure totalled [...]* in 1998, [...]* in 1999 and [...]* in 2000.

(29) The park had granted non-exclusive licences of a far more limited scope to two other firms [...]*. The price of these two contracts was [...]* and [...]* respectively. Under the first contract the park undertook to incorporate the firm's logo in three of the park's attractions and to display it at the entrances and in the guidebooks, and to make available space for a hoarding inside the park. Under the second contract, the park undertakes, inter alia, to display the firm's logo at the entrances, in the guidebooks and on a standing stone. The Spanish authorities stress that these contracts were entered into before the park was opened.

(30) It is estimated that 96,3 % of people living in the region and approximately 60 % of the Spanish population know the Terra Mítica trademark. No other leisure activity in the region is as well-known.

(31) The Agency's logo features in or on the following: guidebooks, plans, entrance tickets, motorbikes, flags, hoardings, wheelchairs, trolleys, posters, bins and signs to the park.

(32) On the basis of a comparison with the sales volumes of nearby buildings, it is estimated that the sales volumes of these buildings could be around [...]* between January and July 2001, which would mean an annual turnover of [...]*.

(33) The value of [...]* entrance tickets was transferred in the period up to September 2001, which represents a net value of over [...]*.

(34) OJ C 107, 7.4.1998, p. 7.

(35) 1847 jobs were created directly in 2001.

(36) The Spanish authorities point out that the theme park market is practically new in Spain and that it is developing fast; demand is expected to increase by around 10 % per year.

(37) OJ C 74, 10.3.1998, p. 4.

(38) Point 4.2 of the guidelines.

(39) See recital 62 of the Commission decision of 20 June 2001.

(40) See Cases N 640/99 France (OJ C 284, 7.10.2000, p. 4); N 132/99 Italy (OJ C 162, 10.6.2000, p. 23); N 785/99 Italy (OJ C 382, 18.11.2000, p. 22); N 582/99 Italy (OJ C 40, 12.2.2000, p. 2); N 229/01 Italy (OJ C 330, 24.11.2001, p. 2).

(41) See the sixth paragraph of recital 56 of the Commission's decision of 20 June 2001.

(42) ESP 2000/m2 for land which cannot be used for residential purposes and ESP 5000/m2 for land which can, see the third paragraph of recital 56 of the Commission's decision of 20 June 2001.

(43) OJ C 209, 10.7.1997, p. 3.

(44) See recital 57 of the decision of 20 June 2001.

(45) The legal base is Article 104(2) of Law 39/1988 of 28 December 1988 on local public finance, as amended by Article 18(28) of Law 50/1998 of 28 December 1998, on measures relating to tax, administrative matters and social order.

(46) Clause 6(6) of the contract.

(47) See point 2(2) of the guidelines on regional aid to major investment projects.

(48) Ibid.

(49) See recital 62 of the decision of 20 June 2001.