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)

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of the European Union in respect of the guarantee of EUR 2,75 million (measure 11), notified but subsequently withdrawn by Finland, is terminated.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

1. Finland shall recover the aid referred to in Article 4 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.

3. The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004.

4. Finland shall cancel all outstanding payments of the aid referred to in Article 4 with effect from the date of notification of this decision.

Article 6

1. Recovery of the aid referred to in Article 4 shall be immediate and effective.

2. Finland shall ensure that this Decision is implemented within four months following the date of notification of this Decision.

Article 7

1. Within two months following notification of this Decision, Finland shall submit the following information to the Commission:

(a) the total amount (principal and recovery interests) to be recovered from the beneficiary;

(b) a detailed description of the measures already taken and planned to comply with this Decision;

(c) documents demonstrating that the beneficiary has been ordered to repay the aid.

2. Finland shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 4 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 recovery interest already recovered from the beneficiary.

Article 8

This Decision is addressed to the Republic of Finland.

Done at Brussels, 12 June 2012.

For the Commission

Joaquín Almunia

Vice-President