Commission Decision (EU) 2015/1826 of 15 October 2014 on the State aid SA.33797 — (2013/C) (ex 2013/NN) (ex 2011/CP) implemented by Slovakia for NCHZ (notified under document C(2014) 7359) (Text with EEA relevance)

The state aid of EUR 4783424,10 provided to NCHZ by declaring it a strategic company in line with the Strategically Important Companies Act, thereby sheltering it from the normal application of bankruptcy law, was unlawfully put into effect by Slovakia in breach of Article 108(3) of the Treaty on the Functioning of the European Union and is incompatible with the internal market.

The decision to allow continued operation of NCHZ after the expiry of the Act on the basis of the decision of the creditors' committee did not constitute state aid within the meaning of Article 107(1) TFEU.

1 Slovakia shall recover the incompatible aid referred to in Article 1 from NCHZ.

2 In view of the economic continuity between NCHZ and Fortischem, the obligation to repay the aid should also be extended to Fortischem.

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

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

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

2 Slovakia 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, Slovakia shall submit the following information: a) the total amount (principal and recovery interest) to be recovered from the beneficiaries; b) a detailed description of the measures already taken or planned to be taken to comply with this Decision; c) documents demonstrating that the beneficiary has been ordered to repay the aid.

2 Slovakia shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 1 has been completed. It shall immediately submit, at the request of the Commission, information on the measures already taken and planned to be taken to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries.

This Decision is addressed to the Slovak Republic.