Commission Decision (EU) 2020/1412 of 2 March 2020 on the measures SA.32014, SA.32015, SA.32016 (11/C) (ex 11/NN) implemented by Italy for Tirrenia di Navigazione and its acquirer Compagnia Italiana di Navigazione (notified under document C(2020) 1110) (Only the Italian text is authentic) (Text with EEA relevance)
1. The compensation granted to Tirrenia and the berthing priority awarded for the provision of maritime services on twelve routes under the initial Convention, as prolonged in the period 1 January 2009 to 18 July 2012 constitutes State aid within the meaning of Article 107(1) TFEU. The State aid for the operation of the three routes Napoli – Palermo, Civitavecchia – Olbia and Genova – Porto Torres was unlawfully put into effect by Italy in violation of Article 108(3) TFEU.
2. The aid referred to in paragraph 1 of this Article is compatible with the internal market.
1. The prolongation of the rescue aid from 11 July 2011 to 18 September 2012 constitutes aid to Tirrenia within the meaning of Article 107(1) TFEU. The State aid was unlawfully put into effect by Italy in violation of Article 108(3) TFEU.
2. The aid referred to in paragraph 1 of this Article – amounting to EUR 25 203 063,89 – is incompatible with the internal market.
1. The exemption from the indirect taxes on the transfer of Caremar, Saremar, Toremar and the Tirrenia business branch to respectively the Regions of Campania, Sardinia and Tuscany, and to CIN, constitutes State aid to Tirrenia within the meaning of Article 107(1) TFEU. The State aid was unlawfully put into effect by Italy in violation of Article 108(3) TFEU.
2. The exemption from corporate income tax of the proceeds from the sale of the Tirrenia business branch to CIN constitutes State aid to Tirrenia within the meaning of Article 107(1) TFEU. The State aid was unlawfully put into effect by Italy in violation of Article 108(3) TFEU.
3. The aid referred to in paragraph 1 and 2 of this Article is incompatible with the internal market.
4. At the time of adoption of this Decision, Italy has not yet paid out the aid referred to in paragraph 2 of this Article.
1. The use of funds to upgrade ships for liquidity purposes constitutes State aid to Tirrenia within the meaning of Article 107(1) TFEU. The State aid was unlawfully put into effect by Italy in violation of Article 108(3) TFEU.
2. The aid referred to in paragraph 1 of this Article – amounting to EUR 11 421 300 – is incompatible with the internal market.
1. The award of the new Convention for the period from 18 July 2012 until 18 July 2020, bundled with the Tirrenia business branch and the berthing priority to CIN – including the deferred payment of part of the purchase price by CIN – does not constitute State aid within the meaning of Article 107(1) TFEU.
2. The possibility to use resources of the Fondo Aree Sottoutilizzate to meet liquidity needs, as laid down by the 2010 Law does not constitute State aid within the meaning of Article 107(1) TFEU.
1. Italy shall recover the incompatible aid referred to in Articles 2, 3, and 4 from the beneficiaries, in so far as it has been paid out.
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 ( 190 ) and to Commission Regulation (EC) No 271/2008 ( 191 ) amending Regulation (EC) No 794/2004.
4. Based on the information at its disposal, the Commission acknowledges that the beneficiary has already repaid the principal of the aid referred to in Article 2.
5. Italy shall cancel all outstanding payments of the aid referred to in paragraph 2 of Article 3 with effect from the date of adoption of this Decision.
1. Recovery of the aid referred to in Article 6 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.
1. Within two months following notification of this Decision, Italy shall submit the following information to the Commission:
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the total amount (principal and recovery interest) to be recovered from the 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 beneficiary has 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 6 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.
This Decision is addressed to the Italian Republic.
The Commission may publish the amounts of aid and recovery interest recovered in application of this decision, without prejudice to Article 30 of Regulation (EU) 2015/1589.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
