2006/748/EC: Commission Decision of 4 July 2006 on State Aid No C 30/2004 (ex NN 34/2004) implemented by Portugal exempting from corporation tax on capital gains certain operations/transactions by public undertakings (notified under document number C(2006) 2950) (Text with EEA relevance)

• Articles: 5

Article 1

The state aid scheme implemented by Portugal under Article 25 EBF is incompatible with the common market.

Article 2

Portugal shall repeal the scheme referred to in Article 1.

Article 3

1.   Portugal shall take all necessary measures to recover from the beneficiaries the aid referred to in Article 1 that was granted to them unlawfully.

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 aid to be recovered shall bear interest from the date on which it was paid to the beneficiary until the date of its recovery.

4.   Interest shall be calculated on the basis of the reference rate used for calculating the grant-equivalent of regional aid.

Article 4

Portugal shall inform the Commission within two months of notification of this Decision of the measures taken to comply with it. It will provide this information using the questionnaire in Annex I to this Decision.

Article 5

This Decision is addressed to the Portuguese Republic.