Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-10-26-Speech-2-244"
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"en.20041026.13.2-244"2
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".
Madam President, ladies and gentlemen, the Commission would like to underline the fact that the state aid that has been recalled, because it is considered illegal and incompatible, is to be returned to the Member State in question and not to the Commission. This is a misapprehension that crops up occasionally: whereas a fine imposed by the Commission for a cartel or abuse of a dominant position is credited to the Community budget, an order for reimbursement of illegal and incompatible state aid requires a transfer of money from the firm that wrongfully received it to the Member State in question and not to the Community budget.
According to the case law of the Court of Justice and Article 10 of the Treaty, when a Member State encounters difficulty in enforcing a Commission decision requiring the reimbursement of an illegal and incompatible state aid, the Member State and the Commission must cooperate in order to find a solution to the difficulty. It is not a case of negotiation, and the Commission’s decisions remain valid in all respects. This kind of cooperation is currently taking place between Spain and the Commission. The Commission does not intend to review the decisions in question since that would create a distortion of competition in the EU shipbuilding market. In recent years the Commission has received a large number of complaints from EU competitors regarding the aid granted to Spanish shipyards. Moreover, it would seem impossible, anyway, from a legal viewpoint, to authorise the aid in question, in view of the condition not to grant any further aid in future to Spanish shipyards, which was laid down by the Council back in 1997 and repeated in Article 5 of the regulation on aid to shipbuilding that was applicable at the time when the aid was granted."@en1
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