Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 23.3.2006 | EN | Official Journal of the European Union | C 71/8 |

---

STATE AID

(Articles 87 to 89 of the Treaty Establishing the European Union)

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

State aid C 40/2003 (ex N 50/B/2002) — R&D aid for Ibermática

(2006/C 71/03)

(Text with EEA relevance)

By the following letter, dated 24 March 2004, the Commission informed Spain of its decision to terminate the procedure provided for in Article 88(2) of the EC Treaty.

‘By letter dated 16 January 2002, registered as received by the Commission on 17 January 2002, the Spanish authorities notified planned aid for Ibermática. The file was divided into two parts. The first, registered under number N 50/A/02, concerned the part of the aid that relates to productive investment. It was authorised by the Commission on 27 November 2002[(1)](#ntr1-C_2006071EN.01000801-E0001). The second, registered under number N 50/B/02, concerns the part of the aid that relates to investment in research and development (R&D). It is that part to which this decision relates.

The Commission asked the Spanish authorities for additional information on the measures on a number of occasions. The Spanish authorities provided answers to the questions, most recently by letter dated 23 April 2003, registered as received by the Commission on the same date.

By letter sent to the Spanish authorities on 12 June 2003, the Commission initiated the procedure provided for in Article 88(2) of the EC Treaty in order to examine the measure more closely. The decision was published in the Official Journal of the European Union on 9 August 2003[(2)](#ntr2-C_2006071EN.01000801-E0002).

By letter dated 14 January 2004, registered as received by the Commission on 16 January 2004, the Spanish authorities withdrew their notification of the measure. They stated that the R&D project would not be undertaken and that the aid would not therefore be granted.

The Commission notes that, pursuant to Article 8 of Council Regulation (EC) No 659/99 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty[(3)](#ntr3-C_2006071EN.01000801-E0003), the Member State concerned may withdraw its notification in due time before the Commission has taken a decision on the aid. In cases where the Commission has already initiated the formal investigation procedure, it must close it.

Consequently, the Commission has decided to close the formal investigation procedure provided for in Article 88(2) of the EC Treaty on the aid in question, having noted that Spain had withdrawn its notification.’.

---

[Top](#document1)