The overcompensation for the period from 1 September 2005 to 30 June 2011 amounting to PLN 894 956 888,88, granted by Poland to Autostrada Wielkopolska S. A. on the basis of the Amendment Act, constitutes State aid within the meaning of Article 107(1) of the Treaty.
Commission Decision (EU) 2018/556 of 25 August 2017 on the state aid SA.35356 (2013/C) (ex 2013/NN, ex 2012/N) implemented by Poland for Autostrada Wielkopolska S.A. (notified under document C(2017) 5818) (Text with EEA relevance. )
Commission Decision (EU) 2018/556 of 25 August 2017 on the state aid SA.35356 (2013/C) (ex 2013/NN, ex 2012/N) implemented by Poland for Autostrada Wielkopolska S.A. (notified under document C(2017) 5818) (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,
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:
HAS ADOPTED THIS DECISION:
Article 1
Article 2
The State aid referred to in Article 1 is unlawful as it was granted in breach of the notification and standstill obligations stemming from Article 108(3) of the Treaty.
Article 3
The State aid referred to in Article 1 is incompatible with the internal market.
Article 4
1.
Poland 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 put at the disposal of the beneficiary until their actual recovery.