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Commission Decision (EU) 2019/421 of 20 June 2018 on State aid SA.44888 (2016/C) (ex 2016/NN) implemented by Luxembourg in favour of ENGIE (notified under document C(2018) 3839) (Text with EEA relevance.)

Commission Decision (EU) 2019/421 of 20 June 2018 on State aid SA.44888 (2016/C) (ex 2016/NN) implemented by Luxembourg in favour of ENGIE (notified under document C(2018) 3839) (Text with EEA relevance.)

Decision (EU) 2019/421 · Decision · 5 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 ↗

Article 1

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The State aid granted in favour of Engie S.A., and all companies directly or indirectly controlled by Engie S.A. on the basis of the tax ruling issued by the Luxembourg tax administration on 9 September 2008 as amended and complemented by the tax rulings of 30 September 2008, 3 March 2009, 9 March 2012 and 13 March 2014, and on the basis of the tax ruling issued by the Luxembourg tax administration on 9 February 2010, complemented by the tax ruling of 15 June 2012, unlawfully put into effect by Luxembourg in breach of Article 108(3) of the Treaty on the Functioning of the European Union is incompatible with the internal market.

Article 2

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1.   Luxembourg shall recover the incompatible and unlawful aid referred to in Article 1 from Engie LNG Holding S.à.r.l. 2.   Any sums that remain unrecoverable from Engie LNG Holding S.à.r.l, following the recovery referred to in the preceding paragraph, shall be recovered from Engie S.A. or/and any of its successors, or group companies. 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. 5.   Luxembourg shall cease granting the aid measure referred to in Article 1 with effect from the date of adoption of this Decision.

Article 3

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1.   Recovery of the aid granted under the measures referred to in Article 1 shall be immediate and effective. 2.   Luxembourg shall ensure that this Decision is implemented within four months following the date of notification of this Decision.

Article 4

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1.   Within two months following notification of this Decision, Luxembourg shall submit information regarding the methodology used to calculate the exact amount of aid. 2.   Luxembourg 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 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.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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