1. The scheme that Italy established by Regional law of Sardinia of 13 April 2010, No 10 — Misure per lo sviluppo del trasporto aereo does not involve State aid within the meaning of Article 107(1) of the Treaty in favour of SOGEAAL S.p.A., SOGAER. S.p.A., the operator of Cagliari-Elmas airport and GEASAR S.p.A., the operator of Olbia airport.
2. The scheme that Italy established by Law 10/2010 constitutes State aid within the meaning of Article 107(1) of the Treaty in favour of Ryanair/AMS, easyJet, Air Berlin, Meridiana, Alitalia, Air Italy, Volotea, Wizzair, Norwegian, JET2.COM, Niki, Tourparade, Germanwings, Air Baltic and Vueling, in so far as it relates to the operations of those airlines at Cagliari-Elmas airport and Olbia airport.
3. The State aid referred to in paragraph 2 has been put into effect by Italy in breach of Article 108(3) of the Treaty.
4. The State aid referred to in paragraph 2 is incompatible with the internal market.
1. Italy shall recover the State aid referred to in Article 1(2) from the beneficiaries.
2. Taking into account that Ryanair and AMS constitute a single economic unit for the purpose of the present decision they shall be jointly liable for repayment of the State aid received by either of them.
3. The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiaries until their actual recovery.
4. The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004 and to Regulation (EC) No 271/2008 amending Regulation (EC) No 794/2004.
5. Italy shall cancel all outstanding payments of the aid referred to in Article 1(2) with effect from the date of adoption of this Decision.
1. Recovery of the aid referred to in Article 1(2) shall be immediate and effective.
2. Italy shall ensure that this Decision is implemented within 4 months following the date of its notification of this Decision.
1. Within 2 months following notification of this Decision, Italy shall submit the following information:
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the list of beneficiaries that have received aid under the scheme referred to in Article 1(2) and the total amount of aid received by each of them under the scheme,
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the total amount (principal and recovery interests) to be recovered from each beneficiary,
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a detailed description of the measures already taken and planned to comply with this Decision,
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documents demonstrating that the beneficiaries have been ordered to repay the aid.
2. Italy 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 2 has been completed. It shall immediately submit, on simple request of 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.
This Decision is addressed to the Italian Republic.
