EN Official Journal of the European Union C 26/8

Judgment of the Court (Second Chamber) of 29 November 2012 (reference for a preliminary ruling from the Administrativen sad Sofia-grad, Bulgaria) — Kremikovtzi AD v Ministar na ikonomikata, energetikata i turizma i zamestnik-ministar na ikonomikata, energetikata i turizma

(Case C-262/11) (1)

(Accession of the Republic of Bulgaria to the European Union - EC-Bulgaria Association Agreement - Steel sector - Public aid for reconstruction granted prior to accession - Conditions - Viability of the recipients at the end of the restructuring period - Declaration of insolvency of a recipient following accession - Respective powers of the national authorities and the European Commission - National decision finding the existence of a public debt in the form of aid which has become unlawful - Decision EU-BG No 3/2006 - Annex V to the Act of Accession - Aid applicable following accession - Council Regulation (EC) No 659/1999 - Existing aid)

2013/C 26/15

Language of the case: Bulgarian

Referring court

Administrativen sad Sofia-grad

Parties to the main proceedings

Applicant: Kremikovtzi AD

Defendants: Ministar na ikonomikata, energetikata i turizma i zamestnik-ministar na ikonomikata, energetikata i turizma

Re:

Reference for a preliminary ruling — Administrativen sad Sofia-grad — Interpretation of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part (OJ 1994 L 358, p. 1), of Paragraph 1 of Annex V to the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded (OJ 2005 L 157, p. 203), of Article 9(4) of Protocol 2 on products covered by the Treaty establishing the European Coal and Steel Community (ECSC), of Article 3 of the Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part (OJ 1995 L 317, p. 25) and of Article 14 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ 1999 L 83, p. 1) — State aid for reconstruction granted prior to the accession of Bulgaria to the European Union to steel producers within the framework of a restructuring program — Decision finding the existence of a public debt consisting of State aid which has become unlawful following a declaration of insolvency on the part of the beneficiary — Respective competencies of the national authorities and of the European Commission to decide on the incompatibility with the common market of State aid and to seek its recovery as unlawful aid

Operative part of the judgment

Proceedings to recover public aid granted to Kremikovtzi AD before the Republic of Bulgaria’s accession to the European Union, aid measures which, following that accession, were not ‘applicable’ for the purposes of Annex V to the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded, must, in the event of infringement of the conditions laid down in Article 9(4) of Protocol No 2 to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, concluded and approved on behalf of the Community by Decision 94/908/ECSC, EC, Euratom of the Council and the Commission of 19 December 1994, be based on Article 3 of the Additional Protocol to the Europe Agreement, as amended by Decision No 3/2006 of the EU-Bulgaria Association Council of 29 December 2006. In that context, the competent national authorities in the Republic of Bulgaria may, pursuant to the third paragraph of Article 3, adopt a decision to recover public aid which does not satisfy those conditions. A decision adopted by the Commission on the basis of the second paragraph of Article 3 of the Additional Protocol does not constitute a necessary prerequisite for the recovery of such aid by those authorities.

(1) OJ C 232, 6.8.2011.