2006/746/EC: Commission Decision of 4 April 2006 on State Aid No C 33/2005 (ex N 277/2004) which the Netherlands is planning to implement under the Marktpassageplan project in Haaksbergen (notified under document number C(2006) 1184) (Text with EEA relevance)

The transfer of plots of land free of charge (Measure 2) that the Netherlands is planning to implement in favour of the construction companies involved in the Marktpassageplan project in Haaksbergen does not constitute state aid as it is accompanied by a large transfer free of charge in the opposite direction (Measure 2a). The sale of a plot of land and a building to those companies (Measure 4) does not constitute state aid either.

The grant of €2984000 (Measure 1) and the 35 % coverage of potential payments resulting from claims for damages (Measure 3) that the Netherlands is planning to award to the companies involved in the Marktpassageplan project in Haaaksbergen constitute state aid.

The part of the aid mentioned in Article 2 that covers the actual project losses as calculated ex post by an independent expert is compatible with the common market. The part of the aid mentioned in Article 2 that exceeds the actual project losses as calculated ex post by an independent expert is incompatible with the common market.

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

This Decision is addressed to the Kingdom of the Netherlands.