Commission Decision (EU) 2015/1321 of 23 June 2010 on State aid C 38/07 (ex NN 45/07) implemented by France for Arbel Fauvet Rail SA (notified under document C(2010) 4112) (Text with EEA relevance)

• CELEX: Decision (EU) 2015/1321
• Articles: 6

Article 1

Commission Decision C(2008)1089 final of 2 April 2008 in case C 38/2007 is hereby withdrawn.

Article 2

The state aid unlawfully implemented by France, in breach of Article 108(3) of the TFEU, for Arbel Fauvet Rail SA is incompatible with the internal market.

Article 3

1.   France shall recover the aid referred to in Article 2 from the beneficiary.

2.   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.

3.   The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004  ( 17 ) .

4.   France shall cancel all outstanding payments of the aid referred to in Article 2 with effect from the date of notification of this Decision.

Article 4

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

2.   France shall ensure that this Decision is implemented within 4 months following the date of its notification.

Article 5

1.   Within 2 months following notification of this Decision, France 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 and planned to comply with this decision;

(c)

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

2.   France 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 forward to the Commission, at the latter's request, any information on the measures already taken and planned to comply with this Decision, as well as detailed information concerning the amounts of aid and interest already recovered from the beneficiary.

Article 6

This Decision is addressed to the French Republic.