2009/730/EC: Commission Decision of 2 July 2008 on State Aid C 11/2007 which Italy has implemented in favour of the company Ottana Energia Srl (notified under document C(2008) 3117) (Text with EEA relevance)

• Articles: 3

Article 1

The State aid which Italy has implemented for Ottana Energia Srl is compatible with the common market within the meaning of Article 87(3)(c) EC and the Community guidelines on State aid for rescuing and restructuring firms in difficulty of 1999, subject to the fulfilment of the conditions listed in Article 2.

Article 2

1.   The restructuring plan shall be fully implemented. All necessary measures shall be taken to ensure that the plan is implemented.

2.   Italy ensures that […] operations shall be sold […] by end of 2010.

3.   Italy commits to ensure that the following commitments shall be respected:

(a)

Ottana Energia Srl shall not produce more than 90 MW out of a total possible production capacity of 140 MW before the beginning of Phase 3, and in any event not before the beginning of 2012,

(b)

Ottana Energia will reimburse from 2009 to 2014 EUR 1 million each year and will not receive any other aid before the total reimbursement of the EUR 5 million received.

4.   For the purpose of monitoring compliance with the conditions set out in paragraph 1 to 3, Italy shall provide short updates at the end of each year until 2014 on the progress of the implementation of the restructuring plan and the commitments listed above.

Article 3

This Decision is addressed to the Italian Republic.