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2009/178/EC: Commission Decision of 16 July 2008 on a State aid scheme implemented by Italy to remunerate current accounts held by Poste Italiane with the State Treasury (C 42/06 (ex NN 52/06)) (notified under document number C(2008) 3492) (Text with EEA relevance)

2009/178/EC: Commission Decision of 16 July 2008 on a State aid scheme implemented by Italy to remunerate current accounts held by Poste Italiane with the State Treasury (C 42/06 (ex NN 52/06)) (notified under document number C(2008) 3492) (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 ↗

Article 1

The State aid scheme for the remuneration of the current accounts held by Poste Italiane with the State Treasury under Act No 266 of 23 December 2005 and the Agreement of 23 February 2006 between the Ministry of Economic Affairs and Finance and Poste Italiane, which Italy has unlawfully put into effect in breach of Article 88(3) of the Treaty, is incompatible with the common market.

Article 2

Italy shall bring the scheme referred to in Article 1 to an end with effect from the date of adoption of this Decision.

Article 3

1.   Italy shall recover the incompatible aid granted under the scheme referred to in Article 1 from the beneficiary. 2.   The amount to be recovered shall be equal to the difference between the annual remuneration paid on current accounts held by Poste Italiane with the State Treasury under the Agreement referred to in Article 1 and the amount arrived at by applying the test of the prudent borrower operating in a market economy as shown in Table 6a in this Decision. 3.   The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiary until their actual recovery. 4.   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. 5.   Italy 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.

Article 4

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 of the date of its notification.

Article 5

1.   Within two months of the notification of this Decision, Italy shall submit 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 or planned in order 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 recovery of the aid referred to in Article 1 has been completed. It shall immediately submit, on simple 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 beneficiary.

Article 6

This Decision is addressed to the Italian Republic.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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