State aid — Italy (Articles 87 to 89 of the Treaty establishing the European Community) — Commission notice pursuant to Article 88(2) of the EC Treaty, addressed to the other Member States and interested parties, concerning a State aid which Italy is planning to implement for SEL Bolzano (Text with EEA relevance)
Date: 2001-11-24
Institutions: European Commission
Subjects: Italy, State aid, control of State aid, electricity supply, exchange of information, share capital

C 330/14

EN

Official Journal of the European Communities

24.11.2001

STATE AID (cid:151) ITALY

(Articles 87 to 89 of the Treaty establishing the European Community)

Commission notice pursuant to Article 88(2) of the EC Treaty, addressed to the other Member
States and interested parties, concerning a State aid which Italy is planning to implement for SEL
Bolzano

(2001/C 330/04)

(Text with EEA relevance)

By the following letter dated 11 May 2001, the Commission has informed Italy of its decision to close the
procedure laid down in Article 88(2) of the Treaty.

(cid:145)By letter dated 17 November 1997, Italy notified the Commission of its plan referred to above to subscribe,
through the Provincia Autonoma di Bolzano-Alto Adige and other municipal undertakings of the Regione
Trentino Alto Adige, the share capital of a new company in charge of the production and distribution of
electricity. It provided the Commission with further information by letters dated 13 February 1998 and 15
July 1998.

By letter dated 30 April 1999, the Commission informed Italy that it had decided to initiate the procedure
laid down in Article 88(2) of the EC Treaty in respect of the aid.

The Commission decision to initiate the procedure was published in the Official Journal of the European
Communities (OJ C 245, 28.8.1999, p. 5). The Commission called on interested parties to submit their
comments and enjoined Italy to provide within one month following receipt of the letter all documents,
information and data needed for assessing the measures.

The Italian authorities provided the Commission with further information by letters dated 26 May 1999,
13 August 1999, 6 December 1999 and 11 April 2000.

The Commission received comments of an interested party by letter dated 23 September 1999.

By letter of 19 March 2001, Italy withdrew the notification of the aid. Italy stated in particular that the
new company had been created but did not engage in the economic activities foreseen in its statute which
had motivated the notification nor did it provide the electricity distribution services referred to in Article
13 of the Decree of the President of the Republic No 235 of 26 March 1977.

The Commission notes that according to Article 8 of Council Regulation (EC) No 659/99 (1), the Member
State concerned may withdraw the notification in due time before the Commission has taken a decision on
the aid. In cases where the Commission has initiated the formal investigation procedure, the Commission
shall close that procedure.

Consequently, the Commission decided to close the formal investigation procedure under Article 88(2) of
the EC Treaty in respect of the relevant aid, recording that Italy has withdrawn its notification.(cid:146)

(1) Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for application of Article 93 of

the Treaty (OJ L 83, 27.3.1999, p. 1).