2005/314/EC: Commission Decision of 22 September 2004 on restructuring aid implemented by France for Compagnie Marseille Réparation (CMR) — State aid C34/03 (ex N 728/02) (notified under document number C(2004) 3350)Text with EEA relevance

• Articles: 5

Article 1

Of the amount of EUR 3 490 000 granted by France to CMR:

(a)

EUR 75 737 is compatible with the common market as regional investment aid under Article 87(3)(e) of the EC Treaty;

(b)

EUR 102 400 is compatible with the common market as training aid under Article 87(3)(c) of the EC Treaty;

(c)

EUR 3 311 863 is incompatible with the common market.

Article 2

1.   France shall take all necessary measures to recover from the beneficiary the aid referred to in Article 1(c) and unlawfully made available to the beneficiary. Such aid amounts to EUR 3 311 863.

2.   Recovery shall be effected without delay and in accordance with the procedures of national law provided that they allow the immediate and effective execution of this Decision.

3.   The sums to be recovered shall include interest from the date on which they were at the disposal of CMR until the date of their recovery.

4.   Interest shall be calculated in accordance with the provisions laid down in Chapter V of Commission Regulation (EC) No 794/2004  ( 23 ) . The interest rate will be applied on a compound basis throughout the entire period referred to in paragraph 3.

5.   France shall end the aid measure and cancel all payment of outstanding aid with effect from the date of this Decision.

Article 3

France shall inform the Commission, within two months of notification of this Decision, of the measures planned and already taken to comply with it. It will provide this information using the questionnaire attached in the Annex to this Decision.

Article 4

This Decision is addressed to the French Republic.

Schedules & Appendices

ANNEX

ANNEX

Information regarding the implementation of the Commission Decision …

1.   Calculation of the amount to be recovered

1.1.   Please provide the following details on the amount of unlawful state aid that has been put at the disposal of the beneficiary:

Date(s) of payment  ( 1 )

Amount of aid  ( 2 )

Currency

Identity of beneficiary

Comments.

1.2.   Please explain in detail how the interest to be paid on the amount of aid to be recovered will be calculated.

2.   Measures planned and already taken to recover the aid

2.1.   Please describe in detail what measures are planned and what measures have already been taken to effect an immediate and effective recovery of the aid. Please also indicate where relevant the legal basis for the measures taken/planned.

2.2.   By what date will the recovery of the aid be completed?

3.   Recovery already effected

3.1.   Please provide the following details on the amounts of aid that have been recovered from the beneficiary:

Date(s)  ( 3 )

Amount of aid repaid

Currency

Identity of beneficiary

3.2.   Please attach information clearly documenting the repayment of the aid amounts specified in the table under point 3.1 above.

( 1 )   Date(s) on which (individual instalments of) the aid has been put at the disposal of the beneficiary (in so far as a measure consists of several instalments and reimbursements use separate rows).

( 2 )   Amount of aid put at the disposal of the beneficiary (in gross aid equivalents).

( 3 )   Date(s) on which the aid has been repaid.