2008/854/EC: Commission Decision of 2 July 2008 on a State aid scheme (C 1/04 (ex NN 158/03 and CP 15/2003)): Misuse of aid measure N 272/98, Regional Act No 9 of 1998 (notified under document number C(2008) 2997) (Text with EEA relevance)
2008/854/EC: Commission Decision of 2 July 2008 on a State aid scheme (C 1/04 (ex NN 158/03 and CP 15/2003)): Misuse of aid measure N 272/98, Regional Act No 9 of 1998 (notified under document number C(2008) 2997) (Text with EEA relevance)
Decision · 6 articles
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
The State aid granted in accordance with Regional Act No 9 of 1998, unlawfully put into effect by Italy in Resolution ( deliberazione ) No 33/6 and in the first call for applications, is incompatible with the common market unless the recipient of the aid submitted an application for aid under the scheme before starting work on an initial investment project.
1. The Italian Republic shall recover the incompatible aid granted under the scheme referred to in Article 1 from the recipients.
2. The sums to be recovered shall bear interest from the date on which they were put at the disposal of the recipients until their actual recovery.
3. The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004 and Regulation (EC) No 271/2008 amending Regulation (EC) No 794/2004.
4. The Italian Republic shall cancel all outstanding payments of aid under the scheme referred to in Article 1 with effect from the date of adoption of this Decision.
1. Recovery of the aid granted under the scheme referred to in Article 1 shall be immediate and effective.
2. The Italian Republic shall ensure that this Decision is implemented within four months following the date of notification of this Decision.
1. Within two months following notification of this Decision, the Italian Republic shall submit the following information:
(a)
a list of recipients of aid under the scheme referred to in Article 1 showing the total amount of aid received by each of them under the scheme. The information required shall be provided using the questionnaire attached in Annex to this Decision;
(b)
the total amount to be recovered from each recipient (principal and interest);
(c)
a detailed description of the measures already taken or planned to comply with this Decision;
(d)
documents demonstrating that the recipients have been ordered to repay the aid.
2. The Italian Republic shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid granted under the scheme referred to in Article 1 has been completed. It shall immediately submit, upon request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the recipients.
ANNEX
Information regarding the implementation of the Commission Decision in case C 1/2004
1. Total number of recipients and total amount of aid to be recovered
1.1.
Please explain in detail how the amount of aid to be recovered from individual recipients will be calculated:
—
the principal,
—
the interest.
1.2.
What is the total amount of unlawful aid granted under this scheme that is to be recovered (in gross grant equivalent; prices of …)?
1.3.
What is the total number of recipients from which unlawful aid granted under this scheme is to be recovered?
2. Measures already taken and planned 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 indicate where relevant the legal basis for the measures taken or planned.
2.2.
By what date will the recovery of the aid be complete?
3. Information regarding individual recipients
Please provide details of each recipient from whom unlawful aid granted under the scheme is to be recovered in the table below.
Identity of the recipient
Total amount of aid received under the scheme ( 1 )
Total amount of aid to be recovered ( 1 )
(principal)
Total amount already reimbursed ( 1 )
Principal
Interest
( 1 )
(°)
In million units of national currency.