Article 2
1. The investment of €216 million by the public company Fintecna in the company AZ Servizi notified by the Italian State does not constitute State aid. In accordance with the principle of a private investor operating in a market economy, based on the analysis of the viability of the business plan submitted to the Commission, the investment can be made only if the conditions referred to in paragraph 2 are complied with. 2. The contractually agreed added value which will have to be returned to AZ Fly may be transferred to that company only for the part exceeding the forecast internal rate of return on Fintecna's investment, that is to say 25 %: a) once all the proposed transfers have been made, or, b) in any event on 31 December 2008 and in accordance with the valuation of the rate of return.