Commission Decision (EU) 2021/69 of 24 February 2020 on State aid SA.43549 (2017/C) (ex 2017/FC) (ex 2016/NN) (ex 2015/EO) implemented by Romania for CFR Marfă (notified under document C(2020) 1115) (Text with EEA relevance)
The following measures subject to this Decision unlawfully put into effect by Romania in breach of Article 108(3) TFEU, together and separately, constitute State aid:
(a)
the non-enforcement and further accumulation of debts owed by CFR Marfă to the State budget between 2010 and the 2013 debt-to-equity swap;
(b)
the non-enforcement and further accumulation of debts owed by CFR Marfă to CFR Infrastructură between 2010 and the 2013 debt-to-equity swap;
(c)
the 2013 debt-to-equity swap;
(d)
the non-enforcement and further accumulation of debts owed by CFR Marfă to CFR Infrastructură after the 2013 debt-to-equity swap until 2018 included.
The following measure subject to this Decision do not constitute State aid within the meaning of Article 107(1) TFEU:
(a)
the non-enforcement and further accumulation of debts owed by CFR Marfă to the State budget after the 2013 debt-to-equity swap until 2018 included.
The State aid under Measure 3 is already encompassed by the aid under Measure 1 and Measure 2 , which is the reason why the aid under Measure 3 is not added to the overall aid amount as to avoid double-counting of aid. The State aid amounting to at least RON 2 619,27 million (ca. EUR 569,41 million), that is the amount of aid under Measure 1 (at least RON 1 001,2 million, ca. EUR 217,65 million), plus the amount of aid under Measure 2 (at least RON 783,78 million, ca. EUR 170,39 million), plus the amount of aid corresponding to Measure 5 (at least RON 834,29 million, ca. EUR 181,37 million), plus, for each and all the overdue debts under Measures 1, 2 and 5 , the corresponding market interest (to be determined according to the calculation methodology described), all unlawfully granted by Romania, in breach of Article 108(3) of the Treaty on the Functioning of the European Union, in favour of CFR Marfă, is incompatible with the internal market.
1. Romania shall recover the aid referred to in Article 1 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 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 ( 216 ) and to Commission Regulation (EC) No 271/2008 ( 217 ) amending Regulation (EC) No 794/2004.
4. Romania shall stop any further non-enforcement of debts referred to in Article 1 with effect from the date of adoption of this decision.
1. Recovery of the aid referred to in Article 1 shall be immediate and effective.
2. Romania shall ensure that this decision is implemented within six months following the date of notification of this Decision.
1. Within two months following notification of this Decision, Romania shall submit the following information to the Commission:
(a)
the total amount (principal and recovery interests) to be recovered from the 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. Romania 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 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 beneficiary.
This Decision is addressed to Romania.
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.
