2007/674/EC: Commission Decision of 4 April 2007 on State aid N 575/04 implemented by France for Ernault and measure C 32/05 (ex N 250/05), the subject of proceedings under Article 88(2) of the EC Treaty (notified under document number C(2007) 1405) (Text with EEA relevance)

• Articles: 6

Article 1

The state aid which was implemented by France for Ernault as rescue aid and was the subject of the Commission decision of 20 January 2005 is incompatible with the common market since it has been maintained beyond 14 December 2006.

Article 2

1.   France shall take all necessary measures to recover from the beneficiary 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 of national law provided that they allow the immediate and effective execution of the decision. The aid to be recovered shall include interest from the date on which it was at the disposal of the beneficiary until the date of its recovery. For the period from 14 December 2006, the date on which notification of the restructuring plan was withdrawn, and the date of recovery of the aid, interest shall be calculated in accordance with the provisions of Chapter V of Commission Regulation (EC) No 794/2004  ( 6 ) .

Article 3

The procedure provided for in Article 88(2) of the Treaty and opened by the Commission decision of 6 September 2006 (measure C 32/05) is closed as a consequence of the withdrawal of the notification of 23 May 2005.

Article 4

France shall inform the Commission, within two months of notification of this Decision, of the measures which it has already taken and plans to take to comply with Articles 1 and 2. It shall supply this information by completing the questionnaire set out in the Annex hereto.

Article 5

This Decision is addressed to the French Republic.

Schedules & Appendices

ANNEX

ANNEX

Information regarding the implementation of the Commission Decision of 4 April 2007 on State aid 575/04 implemented by France for Ernault, and measure No C 32/05 (ex N 250/05), the subject of proceedings under Article 88(2) of the Treaty

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  ( *1 )

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. 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)  ( 2 )

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.

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

( 2 )

(°)

Date or dates on which the aid was repaid.