2014/342/EU: Commission Decision of 16 October 2013 on State aid No SA.18211 (C 25/2005) (ex NN 21/2005) granted by the Slovak Republicfor Frucona Košice a.s. (notified under document C(2013) 6261) Text with EEA relevance

• Articles: 6

Article 1

Decision 2007/254/EC is repealed.

Article 2

The state aid which the Slovak Republic implemented in favour of Frucona Košice a.s., totalling SKK 416 515 990, is incompatible with the internal market.

Article 3

1.   The Slovak Republic shall take all necessary measures to recover from the beneficiary the aid unlawfully made available to it referred to in Article 2, taking into account that SKK 424 490 corresponding to road tax arrears was paid into the account of the local Tax Office on 2 August 2006.

2.   Recovery shall be effected without delay and in accordance with the procedures of national law provided that they allow the immediate and effective execution of the decision.

3.   The sum recovered shall include interest for the whole period running from the date on which it was put at the disposal of Frucona Košice, a.s. until its actual recovery.

4.   The interest shall be calculated in accordance with Chapter V of Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty  ( 51 ) . The interest rate shall be applied on a compound basis throughout the entire period referred to in paragraph 3.

Article 4

The Slovak Republic shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it. It shall provide this information using the questionnaire attached in the Annex to this Decision.

Article 5

This Decision is addressed to the Slovak Republic.

Schedules & Appendices

ANNEX

ANNEX

INFORMATION REGARDING THE IMPLEMENTATION OF THE COMMISSION DECISION …

1.    Calculation of the amount to be recovered

1.1.

Please provide the following details on the amount of unlawful state aid that has been put at the disposal of the beneficiary:

Date(s)  ( 1 )

Amount of aid  ( *1 )

Currency

Comments:

1.2.

Please explain in detail how the interests to be paid on the amount of aid to be recovered will be calculated.

2.    Measures planned and already taken to recover the aid

2.1.

Please describe in detail what measures are planned and what measures have already been taken to effect an immediate and effective recovery of the aid. Please also indicate, where relevant, the legal basis for the measures taken/planned.

2.2.

What is the timetable for the recovery process? When will the recovery of the aid be completed?

3.    Recovery already effected

3.1.

Please provide the following details on the amounts of aid that have been recovered from the beneficiary:

Date(s)  ( 2 )

Amount of aid repaid

Currency

3.2.

Please attach proof of the repayment of the aid amounts specified in the table under point 3.1 above.

( 1 )

( o )

Date or dates on which aid or individual instalments of aid were put at the disposal of the beneficiary.

( *1 )   Amount of aid put at the disposal of the beneficiary (in gross aid equivalents).

( 2 )

( o )

Date(s) on which the aid was repaid