Article 5
This Decision is addressed to the Kingdom of Spain. Done at Brussels, 3 February 1999. For the Commission Franz FISCHLER Member of the Commission (1) OJ C 196, 26.6.1997, p. 10. (2) OJ C 361, 27.11.1997, p. 3. (3) A small and medium-sized enterprise is defined as an enterprise employing no more than 250 people with a turnover of no more than ECU 20 million (see point 3.2.4 of the Community Guidelines on State aid for rescuing and restructuring firms in difficulty (94/C 368/05) (OJ C 368, 23.12.1994, P. 12)). (4) OJ L 79, 23.3.1994, p. 29. (5) Letter SG(89) D/4328, of 5 April 1989, from the Commission to the Member States. (6) Commission communication to the Member States (OJ C 307, 13.11.1993, point 38). (7) Commission communication to the Member States (OJ C 307, 13.11.1993, points 39 and 40). (8) Points 3.3 and 3.4, Public authorities' holdings in company capital - Bull. EC 9-1984. (9) Judgement of the Court of Justice of 21 March 1991 in Case C-303/88, Italy v. Commission, [1991] ECR I-1433, at paragraphs 21 and 22. (10) Community Guidlines on State aid for rescuing and restructuring firms in difficulty (OJ C 368, 23.12.1994, p. 12, and OJ C 283, 19.9.1997, p. 2, at point 2.3). (11) Judgment of the Court of Justice of 14 September 1994 in Case C-278/92, Spain v. Commission, [1994] ECR I-4103, at paragraph 22. (12) See the fifth indent of point 3.3 of the communication on public authorities' holdings in company capital - Bull. EC 9-1984. (13) Commission communication to the Member States (OJ C 307, 13.11.1993, point 41). (14) The specific guidelines for agriculture applied until 1 January 1998, when a new version of the guidelines entered into force containing the same rules, with amendments. (15) Judgemt of the Court of Justice of 15 September 1998, in Case T-126/96, Breda Fucine, at paragraph 83 (not yet published). (16) 1993 Report on Competition, point 403, p. 255. (17) OJ L 79, 23.3.1994, p. 29. (18) [1973] ECR 813. (19) [1987] ECR 901. (20) [1990] ECR I-3437. (21) Commission communication to the Member States (OJ C 74, 10.3.1998, p. 22).