2008/854/EC: Commission Decision of 2 July 2008 on a State aid scheme (C 1/04 (ex NN 158/03 and CP 15/2003)): Misuse of aid measure N 272/98, Regional Act No 9 of 1998 (notified under document number C(2008) 2997) (Text with EEA relevance)

The State aid granted in accordance with Regional Act No 9 of 1998, unlawfully put into effect by Italy in Resolution (deliberazione) No 33/6 and in the first call for applications, is incompatible with the common market unless the recipient of the aid submitted an application for aid under the scheme before starting work on an initial investment project.

1 The Italian Republic shall recover the incompatible aid granted under the scheme referred to in Article 1 from the recipients.

2 The sums to be recovered shall bear interest from the date on which they were put at the disposal of the recipients until their actual recovery.

3 The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004 and Regulation (EC) No 271/2008 amending Regulation (EC) No 794/2004.

4 The Italian Republic shall cancel all outstanding payments of aid under the scheme referred to in Article 1 with effect from the date of adoption of this Decision.

1 Recovery of the aid granted under the scheme referred to in Article 1 shall be immediate and effective.

2 The Italian Republic shall ensure that this Decision is implemented within four months following the date of notification of this Decision.

1 Within two months following notification of this Decision, the Italian Republic shall submit the following information: (a) a list of recipients of aid under the scheme referred to in Article 1 showing the total amount of aid received by each of them under the scheme. The information required shall be provided using the questionnaire attached in Annex to this Decision; (b) the total amount to be recovered from each recipient (principal and interest); (c) a detailed description of the measures already taken or planned to comply with this Decision; (d) documents demonstrating that the recipients have been ordered to repay the aid.

2 The Italian Republic shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid granted under the scheme referred to in Article 1 has been completed. It shall immediately submit, upon request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the recipients.

This Decision is addressed to the Italian Republic.