The capital contribution of EUR 15,81 million and the three new measures implemented by the French authorities in 2006, i.e. the sale of 75 % of SNCM at the negative price of EUR 158 million, the capital increase of EUR 8,75 million subscribed by CGMF and the cash advance of EUR 38,5 million in favour of SNCM’s employees, implemented by France for the benefit of SNCM in breach of Article 108(3) TFEU, constitute State aid which is unlawful and incompatible with the internal market.
2014/882/EU: Commission Decision of 20 November 2013 concerning the State aid SA.16237 (C58/02) (ex N118/02) implemented by France in favour of SNCM (notified under document C(2013) 7066) Text with EEA relevance
2014/882/EU: Commission Decision of 20 November 2013 concerning the State aid SA.16237 (C58/02) (ex N118/02) implemented by France in favour of SNCM (notified under document C(2013) 7066) Text with EEA relevance
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(1),
Having regard to the Agreement on the European Economic Area, in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to those articles(2), and having regard to their comments,
Whereas:
HAS ADOPTED THIS DECISION:
Article 1
Article 2
1.
France shall recover the aid referred to in Article 1 from the beneficiary.
2.
The sums to be recovered shall bear interest from the date on which they were placed at the disposal of the beneficiary until that of their recovery.
3.
The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004 and Commission Regulation (EC) No 271/2008(160) amending Regulation (EC) No 794/2004.
Article 3
1.
Recovery of the aid referred to in Article 1 shall be immediate and effective.
2.
France shall ensure that this Decision is implemented within 4 months following the date of its notification.
Article 4
1.
Within 2 months of notification of this Decision, France shall communicate the following information to the Commission:
-
the total amount (principal and interest) to be recovered from the beneficiary;
-
a detailed description of the measures already taken and planned to comply with this Decision;
-
the documents proving that the beneficiary has been ordered to repay the aid.
2.
France shall keep the Commission regularly informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 1 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the beneficiary.