2013/283/EU: Commission Decision of 25 July 2012 on state aid that France plans t... (32013D0283)
2013/283/EU: Commission Decision of 25 July 2012 on state aid that France plans to grant to FagorBrandt (SA.23839 (C 44/2007)) (notified under document C(2012) 5043) Text with EEA relevance
- COMMISSION DECISION
- of 25 July 2012
- on state aid that France plans to grant to FagorBrandt (SA.23839 (C 44/2007))
- (notified under document C(2012) 5043)
- (Only the French text is authentic)
- (Text with EEA relevance)
- (2013/283/EU)
- 1.
- PROCEDURE
- 2.
- DESCRIPTION
- 3.
- GROUNDS FOR INITIATING THE PROCEDURE
- 3.1.
- Risk of circumvention of the prohibition on restructuring aid to newly created firms
- 3.2.
- Risk of circumvention of the obligation to reimburse incompatible aid
- 3.3.
- Doubts about the company’s long-term viability
- 3.4.
- Inadequacy of the compensatory measures
- 3.5.
- Doubts about the aid recipient’s contribution
- 4.
- COMMENTS FROM INTERESTED PARTIES
- 4.1.
- Comments from Electrolux
- 4.2.
- Comments from the second competitor
- 4.3.
- Comments from FagorBrandt
- 5.
- COMMENTS FROM FRANCE
- 5.1.
- Comments from France on the opening decision
- 5.2.
- Comments from France on the interested parties’ comments
- 6.
- ASSESSMENT OF THE AID
- 6.1.
- Existence of aid within the meaning of Article 107(1) TFEU
- 6.2.
- Legal basis of the assessment
- 6.2.1.
- Legal basis for a finding of compatibility
- 6.2.2.
- The relevant period for purposes of the assessment
- 6.3.
- Eligibility of the company for restructuring aid
- 6.4.
- Previsions concerning previous unlawful and incompatible aid
- 6.4.1.
- The aid granted by France
- 6.4.2.
- The unlawful Italian aid
- 6.5.
- No undue distortion of competition
- 6.5.1.
- The need for compensatory measures
- 6.5.2.
- Analysis of the measures already implemented
- 6.5.3.
- Additional compensatory measures proposed by the French authorities
- 6.5.4.
- Conclusion regarding the compensatory measures proposed by the French authorities; imposition by the Commission of an additional compensatory measure
- 6.6.
- Restoration of the company’s viability
- 6.6.1.
- Restructuring plan, market prospects and credibility of the forecasts in the plan
- 6.6.2.
- Doubts about the restoration of viability raised by an interested party
- 6.6.3.
- Effect of the compensatory measures on the restoration of viability
- 6.7.
- Aid limited to the minimum: real contribution, free of aid
- 6.8.
- ‘One time, last time’ principle
- 6.9.
- Full implementation of the plan
- 7.
- CONCLUSION
- Article 1
- Article 2
- Article 3
- Article 4
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