2005/565/: Commission Decision of 9 March 2004 on an aid scheme implemented by Austria for a refund from the energy taxes on natural gas and electricity in 2002 and 2003 (notified under document number C(2004) 325) Text with EEA relevance

The tax rebate granted by Austria for the year 2002 under the Energy Tax Rebate Act 1996 as amended by Law 158/2002 and extended without modification until 31 December 2003 is an unlawful State aid scheme incompatible with the common market.

Austria shall abolish the scheme referred to in Article 1 in so far as it continues to produce effects.

Austria shall take all necessary measures to modify the measure retroactively as promised by the Austrian authorities in their letter of 5 December 2003.

Austria shall inform the Commission, within two months following notification of this Decision, of the measures taken to comply with it.

This Decision is addressed to the Republic of Austria.