2005/315/EC: Commission Decision of 20 October 2004 on the aid scheme implemented by Italy for firms investing in municipalities seriously affected by natural disasters in 2002 (notified under document number C(2004) 3893)Text with EEA relevance

• Articles: 7

Article 1

The scheme for granting State aid to firms that carried out investments in the municipalities affected by natural disasters in 2002 and listed in Article 5(e) of Decree-Law No 282 of 24 December 2002, which was converted into Law No 27 of 21 February 2003 and prolongs for certain firms the benefits provided for in Article 4(1) of Law No 383 of 18 October 2001, was unlawfully implemented by Italy in breach of Article 88(3) of the Treaty and is incompatible with the common market, without prejudice to Article 3.

Article 2

Italy shall withdraw the aid scheme referred to in Article 1 in so far as it is continuing to produce effects.

Article 3

Individual aid grants under the scheme referred to in Article 1 shall be compatible with the common market within the meaning of Article 87(2)(b) of the Treaty to the extent that they do not exceed the net value of the damage actually suffered by each of the recipients as a result of the natural disasters referred to in Article 5(e) of Decree-Law No 282 of 24 December 2002, with account being taken of insurance payments or of amounts received under other measures.

Article 4

Individual aid grants under the scheme referred to in Article 1 that do not meet the conditions set out in Article 3 shall be incompatible with the common market.

Article 5

1.   Italy shall take all necessary measures to recover from the recipients the aid referred to in Article 4.

2.   Italy shall suspend all aid payments from the date of notification of this Decision.

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

4.   The aid to be recovered shall include interest from the date on which it was at the disposal of the recipients until the date of its recovery.

5.   Interest shall be calculated on the basis of the provisions of Chapter V of Regulation (EC) No 794/2004.

6.   Italy shall order all the recipients of the aid referred to in Article 4 to repay, within two months of the date of notification of this Decision, the aid unlawfully granted plus interest.

Article 6

Within two months of the date of notification of this Decision, Italy shall inform the Commission of the measures taken to comply herewith by completing the questionnaire attached to this Decision. In particular, it shall, by the same deadline, send to the Commission all the documents demonstrating that it has initiated the procedures for recovering the unlawful aid from the recipients.

Article 7

This Decision is addressed to the Italian Republic.