2009/485/EC: Commission Decision of 21 October 2008 on State aid C 44/07 (ex N 46... (32009D0485)
2009/485/EC: Commission Decision of 21 October 2008 on State aid C 44/07 (ex N 460/07) which France is planning to implement for FagorBrandt (notified under document number C(2008) 5995) (Text with EEA relevance)
- COMMISSION DECISION
- of 21 October 2008
- on State aid C 44/07 (ex N 460/07) which France is planning to implement for FagorBrandt
- (notified under document number C(2008) 5995)
- (Only the French text is authentic)
- (Text with EEA relevance)
- (2009/485/EC)
- 1.
- PROCEDURE
- 2.
- DESCRIPTION
- 3.
- GROUNDS FOR OPENING 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 87(1) of the EC Treaty
- 6.2.
- Legal basis of the assessment
- 6.3.
- Eligibility of the company for restructuring aid
- 6.4.
- Provisions concerning recipients of previous unlawful aid
- 6.5.
- Restoration of the company’s viability
- 6.5.1.
- Market prospects and credibility of the forecasts included in the restructuring plan
- 6.5.2.
- Doubts about the restoration of viability raised by the interested party
- 6.5.3.
- Effect of the additional compensatory measures on the restoration of viability
- 6.6.
- Avoidance of undue distortions of competition
- 6.6.1.
- Analysis of the necessity of the compensatory measures
- 6.6.2.
- Analysis of the measures already implemented
- 6.6.3.
- Additional compensatory measures proposed by the French authorities
- 6.6.4.
- Conclusion on all the compensatory measures
- 6.7.
- Aid limited to the minimum: real contribution, free of aid
- 6.8.
- Full implementation of the plan
- 7.
- CONCLUSION
- Article 1
- Article 2
- Article 3
- Article 4
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