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            COMMISSION DECISION         

of 20 April 2004         

on the measure implemented by France for Société de Réparation Navale et Industrielle SA (SORENI)

(notified under document number C(2004) 1362)

(Only the French version is authentic)

(Text with EEA relevance)

(2005/90/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,

Having called on interested parties to submit their comments pursuant to the provisions cited above (1) and having regard to their comments,

Whereas:

I.   PROCEDURE

II.   DETAILED DESCRIPTION

A.   The undertaking concerned

B.   The business plan of the new firm

C.   The financial measures

D.   Market information

E.   The decision to initiate the procedure under Article 88(2) of the EC Treaty

III.   COMMENTS FROM INTERESTED PARTIES

IV.   COMMENTS FROM FRANCE

V.   ASSESSMENT

A.   State aid

B.   Derogation under the Treaty

1.   Restructuring aid

1.1.   Eligibility of the firm

1.2.   Restoration of viability

1.3.   Aid limited to the minimum

1.4.   1994 restructuring guidelines

2.   Regional investment aid

3.   Training aid

4.   Direct application of Article 87(3) (c) of the Treaty

VI.   CONCLUSION

HAS ADOPTED THIS DECISION:

Article 1

Of the aid totalling EUR 4 570 000 granted by France to Société de réparation navale et industrielle (SORENI):

Article 2

1.   France shall take all necessary measures to recover from the beneficiary the aid referred to in Article 1 and unlawfully made available to the beneficiary. This amounts to EUR 2 974 306.

2.   Recovery shall be put into effect without delay and in accordance with the procedures of national law provided that they allow the immediate and effective execution of the decision.

3.   The aid to be recovered shall include interest from the date on which it was at the disposal of the beneficiary until the date of its recovery.

4.   Interest shall be calculated on the basis of the reference rate used for calculating the grant equivalent of regional aid.

5.   This reference rate shall be applied on a composite basis throughout the period referred to in paragraph 3.

Article 3

France shall inform the Commission, within two months of notification of this Decision, of the measures planned and taken to comply with it. It shall provide the information using the information sheet annexed hereto.

Article 4

This Decision is addressed to the French Republic.

Done at Brussels, 20 April 2004.

For the Commission

Mario MONTI            

Member of the Commission

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(1)OJ C 222, 18.9.2002, p. 21.

(2)  See footnote 1.

(3)OJ L 47, 19.2.2002, p. 37.

(*1)  Confidential information.

(*2)  Substantive error: instead of ‘customers’, read ‘competitors’.

(4)OJ L 10, 13.1.2001, p. 33. (Regulation amended by Regulation (EC) No 364/2004: OJ L 63, 28.2.2004, p. 22).

(5)OJ L 202, 18.7.1998, p. 1.

(6)OJ C 288, 9.10.1999, p. 2.

(7)OJ C 317, 30.12.2003, p. 11.

(8)OJ C 119, 22.5.2002, p. 22.

(9)  See points 12(b), 12(f) and 26 of the Framework on State aid to shipbuilding.

(10)OJ C 368, 23.12.1994, p. 12.

(11)  See point 3.2.2. (C).

(12)OJ C 74, 10.3.1998, p. 9.

(13)  Net grant equivalent (nge).

(14)  Gross grant equivalent (gge).

(15)OJ L 10, 13.1.2001, p. 20. Regulation amended by Regulation (EC) No 363/2004 (OJ L 63, 28.2.2004, p. 20).

(16)OJ L 142, 14.5.1998, p. 1.

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ANNEX

Information regarding the implementation of the Commission Decision of 20 April 2004               

1.   Calculation of the amount to be recovered

2.   Measures planned and already taken to recover the aid

3.   Recovery already effected

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(*1)  Date(s) on which (individual instalments of) the aid has been put at the disposal of the beneficiary.

(*2)  Amount of aid put at the disposal of the beneficiary (in gross aid equivalents).

(*3)  Date(s) on which the aid has been repaid.

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