Article 3
This Decision is addressed to the Italian Republic. Done at Brussels, 16 May 2000. For the Commission Mario Monti Member of the Commission (1) OJ L 83, 27.3.1999, p. 1. (2) Letter to the Italian authorities of 12 August 1999 (OJ C 245, 28.8.1999, p. 27). (3) OJ C 395, 31.12.1994, p. 4; Commission letter SG(95)D/351, 13.1.1995. (4) OJ C 368, 23.12.1994, p. 12. (5) OJ C 192, 24.6.1997, p. 4. (6) Judgment in Case C-295/97 [1999] ECR I-3735, paragraph 25. The case concerned a reference for a preliminary ruling by the Tribunale di Genova (Italy) under Article 234 (formerly Article 177) of the EC Treaty. (7) OJ C 245, 28.8.1999, p. 28. (8) Article 1 of Law No 95/1979. (9) Published in Italian Official Gazette No 36, 6.2.1979. (10) Published in Italian Official Gazette No 94, 4.4.1979. (11) In particular by the following acts: Law No 445 of 13.8.1980 (Official Gazette No 226, 19.8.1980); Law No 119 of 31.3.1982 (Official Gazette No 90, 1.4.1982); Law No 696 of 19.12.1983 (Official Gazette No 348, 21.12.1983); Decree-Law No 62 of 9.4.1984 (Official Gazette No 101, 11.4.1984), amended and converted into Law No 212 of 9.6.1984 (Official Gazette No 158, 9.6.1984); Decree-Law No 835 of 9.12.1986 (Official Gazette No 286, 10.12.1986), amended and converted into Law No 19 of 6.2.1987 (Official Gazette No 32, 9.2.1987); Decree-Law No 336 of 4.9.1987 (Official Gazette No 207, 5.9.1987), amended and converted into Law No 452 of 3.11.1987 (Official Gazette No 258, 4.11.1987); Decree-Law No 17 of 23.1.1993 (Official Gazette No 19, 25.1.1993), amended and converted into a No 80 of 25.3.1993 (Official Gazette No 71, 26.3.1993); Decree-Law No 532 of 23.12.1993 (Official Gazette No 300, 23.12.1993), amended and converted into Law No 111 of 17.2.1994 (Official Gazette No 42, 21.2.1994); Law No 128 of 24.4.1998 (published in Ordinary Supplement No 88 to Official Gazette No 104, 7.5.1998). (12) The debt limit is updated at 30 April each year, most recently on 30 April 1999 by decree of the Minister for Industry (Italian Official Gazette No 108, 11.5.1999). (13) The decree is similar to that which initiates the administrative compulsory winding-up procedure. It is defined in case-law as a mandatory act ("atto dovuto"). (14) It is clear from this that the Law is strongly imbued with the interventionist spirit prevalent at the time it was adopted. (15) It is significant that Article 2(2) of Law No 95/1979 expressly states that, where possible, the unity of the operational complex, including the parts to be transferred, must be preserved. (16) Judgment in Case C-200/97 [1998] ECR I-7907, paragraph 45. (17) The other two categories consist of aid existing before the EC Treaty (or the accession of the Member State in question) and aid declared compatible by a Commission decision and implemented lawfully. (18) Italian Official Gazette, 9.8.1999. (19) Article 90 of the Italian Bankruptcy Law. (20) See in particular the definition of a firm in difficulty in paragraphs 5(c) and 6 of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 288, 9.10.1999, p. 2). (21) For a complete list of the amendments to Law No 95/1997, see footnote 11. (22) However, the tax on transfers of ownership in general amounts to 3 % of the value of the firm. (23) Ecotrade SpA and Cordifin SpA. (24) See footnote 7. (25) OJ L 180, 19.7.1996, p.31. It concerns Case C 59/94 (ex NN 125/94). According to the information provided by the Italian authorities, the only specific case in which Law No 80/93 was applied was in Nuova Cartiera di Arbatax. (26) Article 1 of Decree-Law 17 of 23 January 1993, converted into Law No 80 of 25 March 1993; See footnote 11. (27) OJ L 216, 27.8.1996, p. 11. (28) OJ L 306, 11.11.1997, p. 25. (29) See footnote 16. (30) Royal Decree No 267 of 16 March 1942 (Bankruptcy Law). Article 1 of law No 95/1979 refers to Articles 5, 6, 195 et seq. and 237 of the Bankruptcy Law; Article 2 refers to Articles 35 and 212 of that Law and Article 3 to Articles 67, 198 and 206, etc. (31) In Piaggio (see footnote 6) the Court considered on its own initiative whether a system of the kind introduced by Law No 95/1979 and derogating from the rules of ordinary law relating to insolvency should be regarded as State aid within the meaning of Article 92 (now Article 87) of the Treaty. Its conclusions in this respect confirmed those reached in "Ecotrade" (32) The Italian authorities, which had consistently maintained that the only State aid in the scheme was the guarantee and finally agreed in March 1995 to notify all cases in which a guarantee had been granted, introduced the payment of a premium. (33) Article 4 of Law No 544/1981 amending Law No 95/1979. (34) Second paragraph of Article 3 of Decree-Law No 835/1986, converted into Law No 19/1987 of 6 February 1987, further amending Law No 95/1979 (Italian Official Gazette No 32, 9.2.1987). (35) Article 5A of Law No 95/1979. (36) Authorisation to continue trading in circumstances in which that would not be allowed if the usual insolvency rules were applied. (37) They subsequently imposed the payment of a premium for the guarantee before agreeing in March 1995 to notify the Commission of all cases in which the guarantee is granted. (38) The de minimis rules (OJ C 68, 6.3.1996, p. 9) clearly do not apply in the present case. (39) See footnote 4, paragraphs 4.1 and 4.2. (40) See footnote 20, paragraph 4.1 of the guidelines. (41) See footnote 20, paragraph 7.5 of the guidelines. (42) As confirmed and expanded in the subsequent guidelines of 1994 and 1999. (43) See footnote 3.