Commission Decision (EU) 2021/104 of 24 January 2020 on SA.39182 (2017/C) (ex 2017/NN) (ex 2014/CP) – Alleged illegal aid to AS Tartu Agro (notified under document C(2020) 252) (Only the Estonian text is authentic)

• CELEX: Decision (EU) 2021/104
• Articles: 7

Article 1

The State aid in form of a rent of agricultural land for a rate, which is below the market price, was unlawfully granted by Estonia, in breach of Article 108(3) of the Treaty on the Functioning of the European Union, in favour of AS Tartu Agro.

Article 2

The aid does not constitute State aid if, at the time it was granted, it met the conditions of Article 2 of Council Regulation (EC) No 994/98  ( 38 ) which applied at the time the aid was granted.

Article 3

Individual aid granted under the measure referred to in Article 1, which, at the time it is granted, fulfils the conditions laid down by Commission Regulation (EU) No 702/2014  ( 39 ) or by any other approved aid scheme is compatible with the internal market, up to maximum aid intensities applicable to that type of aid.

Article 4

1.   The Republic of Estonia shall recover the aid referred to in Article 1 from AS Tartu Agro.

2.   The sums to be recovered shall bear interest from the date on which they were put at the disposal of AS Tartu Agro until their actual recovery.

3.   The interest on the sum to be recovered shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004 and Commission Regulation (EC) No 271/2008  ( 40 ) amending Regulation (EC) No 794/2004.

Article 5

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

2.   The Republic of Estonia shall ensure that this Decision is implemented within four months following the notification of this Decision.

Article 6

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

the total amount (capital and interest) to be recovered from AS Tartu Agro that received aid, which is not covered by the de minimis rule, Regulation (EU) No 702/2014 or by any approved aid scheme;

2.   The Republic of Estonia 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.

Article 7

This Decision is addressed to the Republic of Estonia.