Commission Decision (EU) 2022/795 of 10 September 2021 on State aid in favour of Alitalia SA.48171 (2018/C) (ex 2018/NN, ex 2017/FC) implemented by Italy (notified under document C(2021) 6659) (Only the Italian version is authentic) (Text with EEA relevance)

• CELEX: Decision (EU) 2022/795
• Articles: 6

Article 1

The EUR 600 million loan and the EUR 300 million loan granted by Italy respectively on 2 May 2017 and 16 October 2017 in favour of Alitalia – Società Aerea Italiana S.p.A. in amministrazione straordinaria, constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union. That aid was unlawfully put into effect by Italy in breach of Article 108(3) of the Treaty on the Functioning of the European Union.

Article 2

The State aid in the form of EUR 600 million and EUR 300 million loans granted respectively on 2 May 2017 and 16 October 2017 in favour of Alitalia – Società Aerea Italiana S.p.A. in amministrazione straordinaria is incompatible with the internal market.

Article 3

1.   Italy shall recover the incompatible aid referred to in Article 1(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 beneficiary until their actual recovery.

3.   The interest referred to in paragraph 2 shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004.

Article 4

1.   Recovery of the aid referred to in Article 1(2) shall be immediate and effective.

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

Article 5

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

(a)

the total amount (principal and recovery interest) to be recovered from the beneficiary;

(b)

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

(c)

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 1(2) has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken or 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.