Commission Decision (EU) 2018/1498 of 21 December 2017 on the State aid and the measures SA.38613 (2016/C) (ex 2015/NN) implemented by Italy for Ilva SpA in Amministrazione Straordinaria (notified under document C(2017) 8391) (Text with EEA relevance.)

• CELEX: Decision (EU) 2018/1498
• Articles: 6

Article 1

The following measures subject to this Decision do not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union:

(a)

the transfer of the assets in the amount of EUR 1,1 billion seized during criminal proceedings against Ilva's previous owners implemented by the private settlement agreement reached with Ilva;

(b)

the Law Decree No 101/2013 of 11 August 2014 and its Article 12, paragraph 5, on pre-deductible loans as applied to a private EUR 250 million loan;

(c)

the settlement agreement concerning the amount of EUR 156 million reached between Fintecna and Ilva on 5 March 2015 based on Law Decree No 1/2015 from 4 March 2015.

Article 2

The other measures subject to this Decision, unlawfully put into effect by Italy in breach of Article 108(3) of the Treaty on the Functioning of the European Union, constitute State aid incompatible with the internal market:

(a)

the granting to Ilva, by Ministerial Decree of 30 April 2015 pursuant to Law Decree No 1/2015, of the State guarantee on a EUR 400 million loan;

(b)

the granting to Ilva, by Ministerial Decree of 15 December 2015 pursuant to Law Decree No 191/2015, of a EUR 300 million State loan.

Article 3

1.   Italy shall recover the incompatible aid granted under the measures 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 beneficiaries 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  ( 91 ) and to Commission Regulation (EC) No 271/2008  ( 92 ) amending Regulation (EC) No 794/2004.

4.   Italy shall adjust all outstanding payments of aid under the measures referred to in Article 2 to the market driven terms set out in recitals 190 and 213 of this Decision, within two months from the date of notification of this Decision.

Article 4

1.   Recovery of the aid granted under the measures referred to in Article 2 shall be immediate and effective.

2.   Italy shall ensure that this Decision is implemented within four months following the date of notification of this Decision.

Article 5

1.   Within two months following notification of this Decision, Italy shall submit the following information:

(a)

a detailed description of the measures already taken and planned to comply with this Decision;

(b)

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

(c)

documents demonstrating that the adjustments cited in Article 3(4) of this Decision have been implemented.

2.   Italy shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid granted under the measures referred to in Article 2 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 beneficiary.

Article 6

This Decision is addressed to the Italian Republic.