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            COMMISSION DECISION         

of 30 March 2004         

on the State aid scheme put into effect by Italy providing for urgent measures to assist employment

(notified under document number C(2004) 930)

(Only the Italian version is authentic)

(Text with EEA relevance)

(2004/800/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),

Whereas:

1.   PROCEDURE

2.   DESCRIPTION OF THE AID

3.   GROUNDS FOR INITIATING THE PROCEDURE

4.   COMMENTS SUBMITTED BY ITALY

5.   ASSESSMENT OF THE AID

5.1.   Existence of aid

5.2.   Lawfulness of the aid

5.3.   Assessment of compatibility of the aid

5.4.   Assessment under the rescue and restructuring guidelines

5.5.   Assessment under the Employment Aid Regulation

5.6.   Assessment under the guidelines on national regional aid

6.   CONCLUSION

HAS ADOPTED THIS DECISION:

Article 1

The State aid measure providing for urgent measures to assist employment which Italy has put into effect under Decree-law No 23 of 14 February 2003, converted into statute by Act No 81 of 17 April 2003, is incompatible with the common market.

Article 2

Italy shall withdraw the scheme referred to in Article 1 in so far as it continues to have effect.

Article 3

1.   Italy shall take all necessary measures to recover from the recipients the aid granted under the scheme referred to in Article 1 which has been unlawfully made available to the recipients.

2.   Italy shall cancel all outstanding payments of aid with effect from the date of this Decision.

3.   Recovery shall be effectuated without delay in accordance with the procedures of national law provided that they allow the immediate and effective execution of the Decision.

4.   The aid to be recovered shall include interest from the date on which it was made available to the recipient until the date of its recovery.

5.   Interest shall be calculated on the basis of the reference rate used for calculating the grant equivalent of regional aid on the date on which the aid was made available to the recipient.

6.   The interest rate referred to in paragraph 5 shall apply on a compound basis over the entire period referred to in paragraph 4.

Article 4

Italy shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it, using the questionnaire attached to the Decision.

Article 5

This Decision is addressed to the Italian Republic.

Done at Brussels, 30 March 2004.

For the Commission

Mario MONTI            

Member of the Commission

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(1)OJ C 308, 18.12.2003, p. 5.

(2)  See footnote 1.

(3)OJ C 288, 9.10.1999.

(4)OJ L 337, 13.12.2002, p. 3.

(5)OJ C 74, 10.3.1998.

(6)  Judgment of the Court of Justice in Case 102/87 France v Commission [1988] ECR 4067.

(7)  As far as the sale of Ocean SpA to Brandt Italia is concerned, the Italian authorities did not supply any information regarding the size of the acquiring company, Brandt Italia. The company acquired, Ocean SpA, had more than 1 000 employees.

(8)OJ C 74, 10.3.1998.

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ANNEX

Information regarding the implementation of the Commission Decision 2004/800/EC

1.   Total number of recipients and total amount of aid to be recovered

2.   Measures planned or taken to recover the aid

3.   Information concerning individual recipients

On the table overleaf, please provide details of each of the recipients from whom aid granted unlawfully under the scheme is to be recovered.

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(*1)  Date or dates on which the aid or part thereof was made available to the recipient.

(*2)  Amount of aid made available to the recipient (in gross grant equivalent; at prices of ...).

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