2005/652/EC: Commission Decision of 20 October 2004 on the State Aid C 38/03 implemented by Spain (further restructuring aid to the public Spanish shipyards) (notified under document number C(2004) 3918) (Text with EEA relevance)

• Articles: 5

Article 1

The State aid amounting to EUR 556,1 million euro unlawfully granted by Spain, in breach of Article 88(3) of the Treaty, in favour of IZAR is incompatible with the common market.

Article 2

1.   Spain shall take all necessary measures to recover from IZAR the aid referred to in Article 1 and unlawfully made available to the beneficiary.

2.   Recovery shall be effected without delay and in accordance with the procedures under national law, provided these allow the immediate and effective implementation of this Decision. The sums to be recovered shall bear interest throughout the period running from the date on which they were put at the disposal of the beneficiary until their actual recovery. The interest rate to be applied will be the reference rate used for calculating the grant equivalent of regional aid. The interest rate referred to in paragraph 4 will be applied on a compound basis throughout the entire period referred to in paragraph 3.

Article 3

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

Article 4

This Decision is addressed to the Kingdom of Spain.

Schedules & Appendices

ANNEX

ANNEX

INFORMATION REGARDING THE IMPLEMENTATION OF THE COMMISSION DECISION C(2004) 3918

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 interests 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 have already been taken and what measures are planned to effect an immediate and effective recovery of the aid. Please also explain what alternative measures are available under national law to effect recovery? 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 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.