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Commission Decision of 12 June 2012 on the measures SA. 27420 (C 12/2009) (ex N 19/2009) implemented by Finland for Osuuskunta Karjaportti (notified under document C(2012) 3249) (Only the Finnish and the Swedish versions are authentic) (Text with EEA relevance) (2013/8/EU)

Commission Decision of 12 June 2012 on the measures SA. 27420 (C 12/2009) (ex N 19/2009) implemented by Finland for Osuuskunta Karjaportti (notified under document C(2012) 3249) (Only the Finnish and the Swedish versions are authentic) (Text with EEA relevance) (2013/8/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 and having regard to their comments(1),

Whereas:

    HAS ADOPTED THIS DECISION:

    Article 1

    The formal investigation procedure under Article 108(2) of the Treaty on the Functioning of the European Union in respect of the guarantee of EUR 2,75 million (measure 11), notified but subsequently withdrawn by Finland, is terminated.

    Article 2

    The measures which Finland has implemented for Osuuskunta Karjaportti, consisting of:

    • purchase of land in 2002 (measure 3),

    • the measures taken within the court-supervised restructuring proceedings (measure 6),

    • the purchase of shares from Osuuskunta Karjaportti (measure 7),

    • the write-off of debts in the financial statements of 2006 and 2008 (measure 9 and measure 10),

    • the Finnvera loan granted in June 2006 (measure 14),

    • the Finnvera counter-guarantee granted in September 2006 (measure 15) and

    • the Finnvera loan granted in July 2007 (measure 16)

    do not constitute aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

    Article 3

    The state aid measures which Finland has implemented for Osuuskunta Karjaportti, consisting of:

    • a guarantee granted in June 2000 (measure 1) and

    • the assignment of land in the same year (measure 2)

    are compatible with the internal market within the meaning of Article 107(3)(a) of the Treaty on the Functioning of the European Union.

    Article 4

    The state aid measures which Finland has implemented for Osuuskunta Karjaportti, consisting of:

    • Guarantee granted on 8 March 2004 by the City of Mikkeli (measure 4);

    • Guarantee granted on 10 May 2004 by the city of Mikkeli (measure 5);

    • Conversion of unpaid interest rates into loans (measure 8);

    • Guarantee granted by Finnvera on 17 March 2004 (measure 13);

    • Guarantee granted on 9 January 2008 by Finnvera (measure 17);

    • Rescheduling of debt since 2009 (measure 12).

    were unlawfully put into effect by Finland in breach of Article 108(3) of the Treaty on the Functioning of the European Union and are incompatible with the internal market.

    Article 5

    Article 6

    Article 7

    Article 8