2009/703/EC: Commission Decision of 11 February 2009 concerning the State aid C 55/07 (ex NN 63/07, CP 106/06) implemented by the United Kingdom of Great Britain and Northern Ireland — Crown guarantee to BT (notified under document C(2009) 685) (Text with EEA relevance)

• Articles: 5

Article 1

The State aid unlawfully put into effect by the United Kingdom of Great Britain and Northern Ireland for BT plc, the beneficiary, in the form of an exemption for the BT Pension Fund contribution to the Pension Protection Fund as concerns the beneficiary’s pension liabilities covered by section 68(2) of the Telecommunications Act 1984 as amended, is incompatible with the common market within the meaning of Article 87(1) of the EC Treaty.

The United Kingdom of Great Britain and Northern Ireland shall cease the incompatible State aid to BT plc.

Article 2

The United Kingdom of Great Britain and Northern Ireland shall recover the aid referred to in Article 1 from the beneficiary.

The sum to be recovered shall bear interest for the entire period running from the date it was put into effect until the date of its recovery.

The interest shall be calculated as capitalised interest in conformity with Chapter V of Regulation (EC) No 794/2004.

Article 3

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

The United Kingdom of Great Britain and Northern Ireland shall ensure that this Decision is implemented within four months of the date of its notification.

Article 4

Within two months following notification of this Decision, the United Kingdom of Great Britain and Northern Ireland shall submit the following information to the Commission:

(a)

the total amount to be recovered from the beneficiary;

(b)

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

(c)

documentary evidence that the beneficiary has been ordered to repay the aid.

The United Kingdom of Great Britain and Northern Ireland 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 recovery interest recovered from the beneficiary.

Article 5

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.