2005/655/EC: Commission Decision of 8 September 2004 on the aid scheme implemented by Italy providing for tax credits for investments (notified under document number C(2004) 2638) (Text with EEA relevance)

1 The state aid scheme providing for tax credits for investments, which Italy has unlawfully put into effect in breach of Article 88(3) of the Treaty, is incompatible with the common market.

2 Italy shall withdraw the aid scheme in question, in so far as it continues to have effect, and shall from the date of this Decision refrain from making any aid payment under the scheme.

In so far as any aid has already been granted under the scheme referred to in Article 1, Italy shall take all necessary measures to recover it from the recipients. Recovery shall be effected without delay in accordance with the procedures of national law provided that they allow the immediate and effective implementation of this Decision. The aid to be recovered shall include interest from the date on which it was made available to the recipient until the date of its recovery. Interest shall be calculated in accordance with the provisions of Commission Regulation (EC) No 794/2004 .

Italy shall inform the Commission, within two months of notification of this Decision, of the action taken to comply with it, indicating in detail the measures adopted to withdraw the incompatible scheme and providing documentation on those measures.

This Decision is addressed to the Italian Republic.