Commission Decision of 8 March 2011 on State aid measure C 24/09 (ex N 446/08) — State aid for energy-intensive businesses under the Green Electricity Act in Austria (notified under document C(2011) 1363) (Only the German text is authentic) (Text with EEA relevance) (2011/528/EU)
Commission Decision of 8 March 2011 on State aid measure C 24/09 (ex N 446/08) — State aid for energy-intensive businesses under the Green Electricity Act in Austria (notified under document C(2011) 1363) (Only the German text is authentic) (Text with EEA relevance) (2011/528/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above(1), and having regard to their comments,
Whereas:
Having regard to all the facts brought to the Commission’s attention, the Commission concludes that the State aid that Austria plans to grant to energy-intensive businesses must be considered incompatible with the internal market,
HAS ADOPTED THIS DECISION:
Article 1
The State aid in the form of a partial exemption from the obligation to purchase green electricity which Austria plans to grant to energy-intensive businesses is incompatible with the internal market.
The aid may accordingly not be implemented.
Article 2
Austria shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
Article 3
This Decision is addressed to the Republic of Austria.
Done at Brussels, 8 March 2011.
For the Commission
Joaquín Almunia
Vice-President