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Commission Decision (EU) 2017/70Show full title
Commission Decision (EU) 2017/70 of 25 July 2016 on the State aid SA.37185 (2015/C) (ex 2013/N) which Spain has granted and partially implemented for the funding of the Centro de ensayos de alta tecnología ferroviaria de Antequera (CEATF) (notified under document C(2016) 4573) (Only the Spanish text is authentic) (Text with EEA relevance)
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- 2017 No. 70
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Article 1
The public financing granted by Spain to Administrador de Infraestructura ferroviaria (ADIF) on the basis of the agreement of 27 December 2010 and the Decision of the Council of Ministers of 28 June 2013 for the construction of the CEATF, in the form of loans at rates that are below market interest rates and grants, amounting to EUR 358 552 309, constitutes State aid within the meaning of Article 107(1) of the Treaty.
Article 2
The 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 aid referred to in Article 1 is incompatible with the internal market.
Article 4
1.In so far as the aid referred to in Article 1 has been disbursed to ADIF, Spain shall recover it immediately.
2.The sums to be recovered shall bear interest from the date on which they were put at the disposal of ADIF 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(1). The amounts to be repaid shall bear interest from the date on which they were made available to the beneficiaries, that is to say from the date of payment of the grant and loans instalments, until actual recovery.
4.Spain shall cancel all outstanding payments of the aid referred to in Article 1 with effect from the date of adoption of this Decision.
5.Spain shall request the termination and repayment of the loans granted to ADIF.
Article 5
Spain shall ensure that this decision is implemented within four months of the date of notification of this Decision.
Article 6
1.Within two months of the date of notification of this Decision, Spain shall submit the following information to the Commission:
(a)the total amount (principal and recovery interests) to be recovered from ADIF;
(b)a detailed description of the measures already taken and planned to comply with this Decision;
(c)documents demonstrating that ADIF has been ordered to repay the aid.
2.Spain 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 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 recovery interest already recovered from ADIF.
Article 7
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 25 July 2016.
For the Commission
Margrethe Vestager
Member of the Commission
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