2009/849/EC: Commission Decision of 13 May 2009 on measures C 20/07 (ex NN 31/07) implemented by Spain in favour of Pickman (notified under document C(2009) 3541) (Text with EEA relevance)

The aid granted by Spain by means of measure 2, which involves a waiver of Social Security debts under a special agreement separate from the general creditors’ agreement, does not constitute State aid within the meaning of Article 87(1) of the EC Treaty, since it is consistent with the principle of a market economy private creditor. The aid granted by Spain by means of measures 3, 4, 5 and 6, relating to participation loans and subsidies granted by the Regional Government of Andalusia in the context of a restructuring plan submitted at national level only, constitutes illegal State aid which, on the basis of Article 87(3)(c) of the EC Treaty, is compatible with the common market. The aid granted by Spain by means of measure 7, consisting in a guarantee from the Regional Government of Andalusia of EUR 1,3 million on a EUR 1,6 million loan constitutes de minimis aid which falls outside the scope of Article 87(1) of the EC Treaty.

This Decision is addressed to the Kingdom of Spain.