Commission Decision (EU) 2015/1587 of 7 May 2015 on the State aid SA.35546 (2013/C) (ex 2012/NN) implemented by Portugal for Estaleiros Navais de Viana do Castelo S.A. (notified under document C(2015) 3036) (Text with EEA relevance)
Commission Decision (EU) 2015/1587 of 7 May 2015 on the State aid SA.35546 (2013/C) (ex 2012/NN) implemented by Portugal for Estaleiros Navais de Viana do Castelo S.A. (notified under document C(2015) 3036) (Text with EEA relevance)
Decision (EU) 2015/1587 · Decision · 7 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 ↗
1. The comfort letters dated 8 January 2007 and 26 June 2008 do not constitute State aid within the meaning of Article 107(1) TFEU.
2. The State aid contained in the shipbuilding subsidies corresponding to contracts C224 and C225 (amounting to EUR 5 350 550) is compatible with the internal market.
3. The State aid referred to in the table below, unlawfully put into effect by Portugal in breach of Article 108(3) of the Treaty on the Functioning of the European Union, is incompatible with the internal market.
Date
Measure
Amount
11 May 2006
2006 capital increase
24 875 000
2012/2013
2012 and 2013 loans
101 118 066,03
(i)
31 January 2006
(ii)
11 December 2008
(iii)
28 April 2010
(iv)
27 April 2011
DGTF loans
(i)
30 000 000
(ii)
8 000 000
(iii)
5 000 000
(iv)
13 000 000
29 November 2011
Comfort letters for a loan granted by BCP
990 000
3 November 2011
Comfort letter for a loan granted by BCP
400 000
30 September 2010
Comfort letter for a loan granted by BCP
12 500 000
31 August 2010
Comfort letters for two standby letters of credit issued by CGD
12 890 000
24 June 2010
Comfort letter for a loan granted by BCP
5 000 000
25 November 2009
Comfort letter for revolving loan by CGD
15 000 000
7 September 2009
Comfort letter for revolving loan by BES
4 500 000
—
Shipbuilding subsidies (contracts C212, C213, C214 and C223)
10 482 374,01
—
Shipbuilding subsidies (contracts C206, C211, C217, C218, C219, C220, C221 and C222)
11 279 009,01
—
Aid for professional training 2005-2006
257 791
23 December 2009
Loan for the Atlântida vessel
37 000 000
1. Portugal shall recover the incompatible aid referred to in paragraph 2 of Article 1 from the beneficiary (including, where applicable, the interests accrued and not paid by ENVC), with the exception of the shipbuilding subsidies linked to contracts C206, C211, C217, C218, C219, C220, C221 and C222 (for an overall amount of EUR 11 279 009,01) for them being subject to the 10-year limitation period laid down in Article 15 of Regulation (EC) No 659/1999.
2. Such recovery of incompatible State aid shall not concern WestSea.
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 Commission Regulation (EC) No 794/2004 ( 56 ) , and to Commission Regulation (EC) No 271/2008 ( 57 ) amending Regulation (EC) No 794/2004.
5. Portugal shall cancel all outstanding payments of aid, if any, with effect from the date of adoption of this decision.
1. Recovery of the aid referred to in paragraph 2 of Article 1 shall be immediate and effective.
2. Portugal shall ensure that this Decision is implemented within four months following the date of notification of this Decision.
1. Within two months following notification of this Decision, Portugal shall submit the following information:
(a)
the total amount (principal and recovery interests) to be recovered from each beneficiary;
(b)
a detailed description of the measures already taken and planned to comply with this Decision;
(c)
documents demonstrating that the beneficiary has been ordered to repay the aid.
2. Portugal 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 paragraph 2 of 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 already recovered from the beneficiaries.
