Commission Decision (EU) 2018/556 of 25 August 2017 on the state aid SA.35356 (2013/C) (ex 2013/NN, ex 2012/N) implemented by Poland for Autostrada Wielkopolska S.A. (notified under document C(2017) 5818) (Text with EEA relevance. )

The overcompensation for the period from 1 September 2005 to 30 June 2011 amounting to PLN 894956888,88, granted by Poland to Autostrada Wielkopolska S. A. on the basis of the Amendment Act, constitutes State aid within the meaning of Article 107(1) of the Treaty.

The State aid referred to in Article 1 is unlawful as it was granted in breach of the notification and standstill obligations stemming from Article 108(3) of the Treaty.

The State aid referred to in Article 1 is incompatible with the internal market.

1 Poland shall recover the aid referred to in Article 1 from the beneficiary.

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

3 The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004 as last amended by Regulation (EC) No 271/2008 .

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

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

2 Poland 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, on simple 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 recovery interest already recovered from the beneficiary

This Decision is addressed to the Republic of Poland.