Commission Decision (EU) 2022/1328 of 30 September 2021 on the measures SA.32014, SA.32015, SA.32016 (2011/C) (ex 2011/NN) implemented by Italy and the Region of Lazio for Laziomar and its acquirer CLN (notified under document C(2021) 6989) (Only the Italian text is authentic) (Text with EEA relevance)
The compensation to Laziomar and the berthing priority for the provision of maritime services under the prolongation of the initial Convention in the period 1 June 2011–14 January 2014 constitutes State aid within the meaning of Article 107(1) TFEU. Italy has implemented the aid to Laziomar in violation of Article 108(3) TFEU. This aid is compatible with the internal market.
The award of the new public service contract for the period 15 January 2014–14 January 2024, bundled with the Laziomar business and the berthing priority to Laziomar does not constitute State aid within the meaning of Article 107(1) TFEU.
The possibility to use, on a temporary basis, the financial resources already committed to the upgrade and modernisation of the fleet, to cover pressing liquidity needs, as laid down by the 2010 Law, was not availed of as far as Laziomar is concerned. Therefore, it does not constitute State aid to Laziomar within the meaning of Article 107(1) TFEU.
The fiscal exemptions related to the privatisation process of Laziomar as laid down by the 2010 Law, do not constitute State aid to Laziomar within the meaning of Article 107(1) TFEU.
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
This Decision is addressed to the Italian Republic.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.