2009/155/EC: Commission Decision of 12 November 2008 on the loan of EUR 300 million granted by Italy to Alitalia No C 26/08 (ex NN 31/08) (notified under document number C(2008) 6743) (Text with EEA relevance)

• Articles: 6

Article 1

The EUR 300 million loan granted to Alitalia and capable of being counted as part of its capital, which was implemented by Italy contrary to Article 88(3) of the Treaty, is incompatible with the common market.

Article 2

1.   Italy shall recover the aid referred to in Article 1 from the beneficiary.

2.   The sums to be recovered shall bear interest from the date on which they were made available to the beneficiary until they are actually recovered.

3.   The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004  ( 58 ) and Regulation (EC) No 271/2008 amending Regulation (EC) No 794/2004  ( 59 ) .

Article 3

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

2.   Italy shall ensure that this Decision is implemented within four months following the date of its notification.

Article 4

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

(a)

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

(b)

a detailed description of the measures already taken and those planned to comply with this Decision;

(c)

documents demonstrating that the beneficiary has been ordered to repay the aid.

2.   Italy shall keep the Commission informed of the progress of the national measures taken to implement this Decision until complete recovery of the aid referred to in Article 1. It shall immediately submit, on simple request by the Commission, any information on the measures already taken and those planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the beneficiary.

Article 5

This Decision is addressed to the Italian Republic.

Schedules & Appendices

ANNEX

ANNEX

List of interested parties who submitted comments to the Commission under Article 88(2) of the Treaty

1.

Sterling Airlines A/S

2.

British Airways plc

3.

Ryanair

4.

Neos SpA

5.

The European Travel Agents’ and Tour Operators’ Associations and the Guild of European Business Travel Agents