State aid (Articles 87 to 89 of the Treaty establishing the European Community) — Communication from the Commission, pursuant to Article 88(2) of the EC Treaty, to the other Member States and other interested parties — State aid C 7/2003 (ex N 107/2002) — SBS Incubation Fund — United Kingdom   (Text with EEA relevance)
Date: 2005-10-22
Institutions: European Commission
Subjects: State aid, United Kingdom, aid to undertakings, application of EU law, control of State aid, small and medium-sized enterprises

22.10.2005

EN

Official Journal of the European Union

C 263/39

STATE AID

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

Communication from the Commission, pursuant to Article 88(2) of the EC Treaty, to the other
Member States and other interested parties

State aid C 7/2003 (ex N 107/2002) — SBS Incubation Fund — United Kingdom

(2005/C 263/06)

(Text with EEA relevance)

By the following letter, dated 19 November 2003, the Commission informed United Kingdom of its deci-
sion to terminate the procedure provided for in Article 88(2) of the EC Treaty.

TEXT OF LETTER

‘Procedure

By letter dated 31 January 2002, registered on 4 February 2002, the British authorities notified the aid
measure mentioned above, pursuant to Article 88(3) EC. By letter dated 28 February 2002, the Commis-
sion requested additional information, which was supplied by the British authorities by letter dated 26
April 2002, registered on 30 April 2002. The British authorities provided new elements concerning the
notification by letter dated 13 May 2002. On 24 May 2002, a meeting was held between the British autho-
rities and the Commission, which was followed by a new letter of request of information, sent on 4 July
2002. The British authorities replied by letter dated 13 September 2002, registered on 18 September
2002. It led to another letter of request of information from the Commission, dated 29 October 2002. The
British authorities sent their reply on 3 December 2002, and it was registered on 9 December 2002.

On 5 February 2003, the Commission decided to initiate the procedure laid down in Article 88(2) of the
EC Treaty. The Commission decision was published in the Official Journal of the European Union (1). The
Commission invited interested parties to submit their comments on the aid. The Commission received
thirty-three comments, which it forwarded to the United Kingdom by letter dated 1 July 2003.

By letter dated 22 May 2003, registered on 27 May 2003, the UK authorities presented their comments.
On 1 July 2003, a meeting was held between the UK authorities and the Commission. Following this
meeting, Mr Griffiths, under-secretary of State for Small Business and Enterprise sent a letter dated 16 July
2003, registered on 17 July 2003, to Commissioner Monti. He replied by letter dated 4 August 2003. By
letter dated 8 October 2003, registered on 9 October 2003, the UK authorities withdrew the notification.

Assessment

After the withdrawal of the notification, the procedure does no longer have any object.

Conclusion

Therefore, the Commission has decided to close the procedure laid down in Article 88(2) of the EC Treaty
on the ground that it is without subject.’

(1) OJ C 104 of 30.4.2003.