2007/374/EC: Commission Decision of 24 January 2007 on State aid C 52/2005 (ex NN 88/2005, ex CP 101/2004) implemented by the Italian Republic for the subsidised purchase of digital decoders (notified under document number C(2006) 6634) (Text with EEA relevance)

• Articles: 5

Article 1

The scheme which the Italian Republic has unlawfully implemented for digital terrestrial broadcasters offering pay-TV services and cable pay-TV operators constitutes State aid which is incompatible with the common market.

Article 2

1.   The Italian Republic shall take all necessary measures to recover from the beneficiaries the aid defined in Article 1.

2.   Recovery shall be effected without delay and in accordance with the procedures of national law provided that they allow the immediate and effective implementation of the Decision. The sums to be recovered shall include interest from the date on which the aid was at the disposal of the beneficiaries until the date of its recovery.

3.   The interest to be recovered under paragraph 2 shall be calculated in accordance with the procedure laid down in Articles 9 and 11 of Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty  ( 73 ) .

Article 3

The Italian Republic 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 attached to this Decision.

The Italian Republic shall submit within the same period of time referred to in the first paragraph the documents giving evidence that the recovery proceedings have been initiated against the beneficiaries of the unlawfully granted and incompatible aid.

Article 4

This Decision is addressed to the Italian Republic.

Schedules & Appendices

ANNEX Information regarding the implementation of Commission Decision C(2006)6634 on State aid scheme C 52/2005 (ex NN 88/2005, ex CP 101/2004) — Italy: subsidy for digital decoders

ANNEX

Information regarding the implementation of Commission Decision C(2006)6634 on State aid scheme C 52/2005 (ex NN 88/2005, ex CP 101/2004) — Italy: subsidy for digital decoders

1.   Calculation of the amount to be recovered

1.1.

Please provide the following details regarding the amount of unlawful State aid that has been put at the disposal of the recipient:

Date(s) of payment  ( 1 )

Amount of aid  ( 2 )

Currency

Identity of recipient

Comments:

1.2.

Please explain in detail how the interest payable on the amount to be recovered will be calculated.

2.   Recovery measures planned or already taken

2.1.

Please describe in detail what measures have been taken and what measures are planned to bring about the immediate and effective recovery of the aid. Please also explain what alternative measures exist in national law to bring about recovery. Where relevant, please indicate the legal basis for the measures taken or 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 of aid that has been recovered from the recipient:

Date(s)  ( 3 )

Amount of aid repaid

Currency

Identity of recipient

3.2.

Please attach supporting documents for the repayments shown in the table at point 3.1.

( 1 )   Date or dates on which the aid or individual instalments of aid were put at the disposal of the recipient (if the measure consists of several instalments and reimbursements, use separate rows).

( 2 )   Amount of aid put at the disposal of the recipient, in gross grant equivalent.

( 3 )   Date or dates on which the aid was repaid.