2008/344/EC: Commission Decision of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group (notified under document number C(2007) 5087) (Text with EEA relevance)

• Articles: 6

Article 1

The State Aid of PLN 20 761 643 unlawfully awarded by Poland to Technologie Buczek Group is in breach of Article 88(3) of the Treaty and is incompatible with the common market.

Article 2

The State Aid of PLN 1 369 186 awarded by Poland to Technologie Buczek Group between 1997 and 2003 has not been used in accordance with the conditions stipulated in Protocol No 8 to the Accession Treaty and is therefore incompatible with the common market.

Article 3

1.   Poland shall recover the aid referred to in Article 1 unlawfully made available to Technologie Buczek Group in particular from the subsidiaries Huta Buczek Sp. z o.o and Buczek Automotive Sp. z o.o, in proportion to the benefit actually obtained by them. Accordingly, Poland shall recover PLN 13 578 115 from Huta Buczek Sp. z o.o and PLN 7 183 528 from Buczek Automotive Sp. z o.o.

2.   Poland shall recover the misused aid referred to in Article 2 awarded to Technologie Buczek Group from Technologie Buczek S.A.

3.   The amounts to be recovered shall bear interest from the date on which they were made available to the recipient until their actual recovery.

4.   Interest shall be calculated on a compound basis in accordance with Chapter V 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  ( 69 ) .

Article 4

1.   Recovery of the aid referred to in Articles 1 and 2 shall be immediate and effective.

2.   Poland shall ensure that this Decision is implemented within four months of the date of notification thereof.

Article 5

1.   Within two months of notification of this Decision, Poland shall submit the following information to the Commission:

(a)

the total amount (principal and interest) to be recovered from the recipients;

(b)

a detailed description of the measures already taken and planned with a view to complying with this Decision;

(c)

documents demonstrating that the recipients have been ordered to repay the aid.

2.   Poland shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Articles 1 and 2 has been completed in full. It shall immediately submit, at the request of the Commission, information on the measures already taken and planned with a view to complying with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the recipient.

Article 6

This Decision is addressed to Poland.