HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 90/22
EN
Official Journal of the European Union
28.3.2012
COMMISSION DECISION
of 23 March 2011
on State aid C 10/10 (ex N 562/09) which Spain intends to grant for the restructuring of A NOVO
Comlink
(notified under document C(2011) 1740)
(Only the Spanish text is authentic)
(Text with EEA relevance)
(2012/178/EU)
THE EUROPEAN COMMISSION,
Comlink SL (hereinafter ‘A NOVO’) on the basis of the
Order of 5 November 2008 establishing the regulatory
bases for the Aid Programme for Viable Enterprises with
Having regard to the Treaty on European Union and to the
economic difficulties in Andalusia and launching a call
Treaty on the Functioning of the European Union, and in
for applications for 2008 and 2009 ( 3 ). The Commission
particular the first subparagraph of Article 108(2) thereof,
approved this Order in May 2009 as a rescue and
restructuring aid scheme for SMEs — hence individual
grants of this type of aid to large companies must be
notified (Case N 608/08).
Having regard to the Agreement on the European Economic
Area, and in particular Article 62(1)(a) thereof,
(4) The
aid
planned
by
Andalusia
consisted
of
an
80
%
Having called on interested parties to submit their comments
guarantee for a 10-year loan of EUR 4 375 000 with
pursuant to those provisions (
an interest-rate subsidy of 0,89 %, and a government

1 ),
loan of EUR 2 000 000 over 10 years, granted by the
Andalusia Innovation and Development Agency (IDEA).
Whereas:
(5) As
regards
cash
requirements,
Spain
stated
in
the
notifi
cation that the debts outstanding at the time of drafting
I. PROCEDURE
the restructuring measure consisted of:
(1) On
16
October
2009,
Spain
notified
a
restructuring
aid
measure planned by the Autonomous Community of
Andalusia for A NOVO Comlink SL. By letter dated
— debts of EUR 2,7 million to suppliers,
25 March 2010, the Commission informed Spain that
it had decided to initiate the procedure laid down in
Article 108(2) of the TFEU in respect of the measure.
Spain responded to this decision by letter of 26 April
— debts of EUR 650 000 to the government,
2010. By letter dated 22 September 2010, the
Commission asked Spain for additional information.
The Spanish authorities responded on 20 October
— debts of EUR 1,6 million to other undertakings of the
2010 by withdrawing the notification as the company’s
A NOVO Group,
economic situation had developed better than expected.
(2) The
Commission
Decision
to
initiate
the
procedure
was
— other needs deriving from the expansion of activities.
published in the Official Journal of the European Union ( 2 ).
The Commission invited interested parties to submit their
comments on the aid. The Commission did not receive
All this amounted to cash needs of some EUR 5 million.
any comments from third parties.
II.
(6) Apart
from
the
abovementioned
injection
of
fresh
capital,
DESCRIPTION OF THE MEASURE
the restructuring plan did not provide for any restruc
1. The notified restructuring plan
turing of the company’s activities, organisation and
management, nor its workforce. As regards the
(3) The
restructuring
plan
that
Spain
notified
in
October
company’s structure, the plan only described the
2009 provided for restructuring aid for A NOVO
current areas of activity and the possibilities and
prospects for their expansion.
( 1 ) OJ C 140, 29.5.2010, p. 25.
( 2 ) See footnote 1.
( 3 ) BOJA (Official Gazette of Andalusia) No 236, 27.11.2008, p. 6.

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EN
28.3.2012 Official
Journal
of
the
European
Union L
90/23
(7) The
plan
did
not
refer
to
any
contribution
by
the
bene
3. Recipient
ficiary or its parent company. As regards compensatory
measures, the plan did not provide for any capacity
(10) A NOVO is a large company that operates in the area of
reduction or asset sales. As regards prospects, no
after-sales activities for computers, mobile telephones and
distinction was made between best-case, intermediate
other electronic devices. It is a wholly owned subsidiary
and worst-case assumptions.
of the French company A NOVO SA. Originally, A
NOVO produced telephones. Between 2004 and 2006
A NOVO gave up production activities and concentrated
2. Measures not notified to the Commission
on after-sales services. A NOVO is located in Malaga
(Andalusia), in an area eligible for regional aid under
(8) During the assessment of the restructuring plan, it
emerged that rescue aid had been granted to A NOVO
the exemption in Article 107(3)(a) TFEU.
in May 2009 in the form of an 80 % guarantee on a
EUR 1 825 000 loan for six months, with an annual
premium of 1,5 % and an interest rate of 2,86 %.
(11) At the time of notification of the restructuring plan, A
Spain did not notify this guarantee.
NOVO fulfilled the conditions for insolvency. It was

having difficulties in obtaining money on the capital
markets. Of the initial registered capital of EUR 15
(9) After
the
rescue
aid
was
awarded
on
21
May
2009,
A
million in 2001, more than EUR 10 million had
NOVO submitted a restructuring plan to the Andalusian
disappeared, and more than one quarter had been lost
authorities on 10 September 2009.
in 2008 alone:
(in EUR)
2001 2004 2005 2006 2007 2008 2009
Capital 15
000
000 14
684
923 6
167
668 6
167
668 8
967
667 4
056
802 2
057
000
A NOVO also had high losses and a decreasing turnover:
(in EUR)
2006 2007 2008 2009
Increasing losses –
2
603
000 –
4
549
000 –
3
923
000 –
292
000
Diminishing turnover 22
090
000 21
853
000 15
305
000 15
464
000
(12) Consequently,
at
the
beginning
of
2009,
A
NOVO
was
in
temporary contracts into permanent contracts before
difficulties according to points 10 and 11 of the
31 December 2007, to conclude 88 new contracts
Community Guidelines on State aid for rescuing and
before 31 December 2009, and to keep on the current
restructuring firms in difficulty (hereinafter ‘the Guide
workforce until 2015. The Agreement also included a
lines’) ( 4 ). More than half of its registered capital had
partial retirement scheme for employees once they
disappeared, and more than one quarter of that capital
reached the age of 60.
had been lost over the preceding 12 months (point 10(a)
of the Guidelines). The company therefore fulfilled the
criteria under Spanish law for being subject to insolvency
proceedings (point 10(c) of the Guidelines). In any case,
(14) In return, the Department of Employment of the Junta de
it had diminishing overall turnover and almost nil asset
Andalucía authorised A NOVO to suspend 224
value, as stipulated in point 11 of the Guidelines.
employment contracts for employees aged over 54

until 31 August 2008. This authorisation gives these
employees the right to apply for unemployment
benefits although, in theory, they are still employed.
During the temporary suspension of employment
(13) Restructuring
of
A
NOVO
had
already
begun
in
July
contracts, employees continue to form part of the
2005 with a view to switching activities from
company. The measure is intended to supplement the
telephone production to after-sales services. The 2005
income of the employees concerned until they reach
Agreement on the Bases and Commitments of A
retirement age.
NOVO Comlink SL’s Viability Plan required the
company to contribute to financing its Viability Plan
by means of a sale and lease-back operation covering
(15) The company’s legal obligations are limited to paying the
its real estate at the Andalusia Technology Park (for an
employer’s contribution to the social security system for
estimated sum of EUR 14,9 million), to transform 94
the suspended employees, and payroll and social security
costs during the period of partial retirement (between the
( 4 ) OJ C 244, 1.10.2004, p. 2.
ages of 60 and 65).

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L 90/24
EN
Official Journal of the European Union
28.3.2012
4. Grounds for initiating the procedure
restructuring plan did not contain a description of
internal measures to improve the firm’s viability and
(16) Following
an
analysis
of
these
State
aid
measures
under
structure. The plan also lacked compensatory measures
Article 107(3)(c) TFEU and in the light of the Guidelines,
to mitigate as far as possible any adverse effects of the
the Commission decided to initiate the procedure under
aid on competitors, such as a reduction in capacity
Article 108(2) TFEU because it had doubts whether the
(points 38 and 39 of the Guidelines). Nor was it
conditions for approving the rescue and restructuring aid
possible to ascertain that the amount and intensity of
had been met.
the aid were limited to the strict minimum of the restruc
turing costs necessary (points 43 and 45 of the Guide
lines). Specifically, the plan lacked any reference to a
contribution from the recipient.
(17) The
Commission
concluded
that
both
measures
were
likely to constitute aid. Under Article 107(1) TFEU, any
financial support granted by a Member State which
distorts or threatens to distort competition by
favouring certain undertakings and which affects trade
(21) Regarding the 2005 restructuring, the Commission
between Member States constitutes aid. The measures
doubts that the ‘one time, last time principle’ was
in question, i.e. the guarantees, the interest-rate subsidy,
respected. According to points 72 et seq. of the Guide
the loan by the region of Andalusia, and the direct
lines, state intervention should not be permitted where
payments to employees of A NOVO involve state
less than 10 years have elapsed since the last rescue or
resources. They were granted by the Autonomous
restructuring aid measure has been implemented. The
Community of Andalusia and are imputable to the State.
Commission does not have the information needed to
determine whether the direct payments by the
Autonomous Community of Andalusia to employees
constitute aid. If the payments were made under a
general social security scheme they would not be
(18) The
measures
must
confer
an
advantage
on
the
recipient
regarded as State aid. If they had to be borne by the
which it could not obtain under normal market
company itself — under employment legislation or
conditions. A guarantee does not constitute such an
collective agreements — these payments would form
advantage if the borrower is in financial difficulty
part of the normal costs of the business. If the State
(point 3.2(a) of the Commission Notice on the appli
makes these payments, they must be counted as aid ( 7 ).
cation of Articles 87 and 88 of the EC Treaty to State
aid in the form of guarantees) ( 5 ). The loan by Andalusia
could confer an advantage. The Commission has doubts
that it was granted at market rates determined according
to the Commission’s rules on setting market rates, laid
(22) Therefore,
it
was
doubtful
that
the
rescue
and
restruc
down in the Communication from the Commission on
turing aid could be considered compatible with the
the revision of the method for setting the reference and
relevant Guidelines.
discount rates ( 6 ). Hence, the measures are likely to
constitute aid which distorts competition.
III. COMMENTS FROM SPAIN
(19) Although
A
NOVO
was
in
economic
difficulties
in
early
(23) Spain informed the Commission by letter dated
2009, there were doubts whether it was eligible for any
22 October 2010 that the notified restructuring
rescue or restructuring aid, as it is a wholly owned
measure had not been implemented and that it was with
subsidiary of the French undertaking A NOVO SA,
drawing the notification.
which had a turnover of some EUR 350 million and a
net profit of EUR 12 million in 2009. According to
point 11 of the Guidelines, a firm in difficulty is only
eligible where it cannot recover with the funds it obtains
from its owners. Furthermore, under point 13 of the
(24) Regarding
the
May
2009
rescue
aid,
Spain
stated
that
on
Guidelines, in the case of a firm belonging to a larger
19 January 2009 the Andalusia Innovation and Devel
business group, the Member State must demonstrate that
opment Agency (IDEA) had approved a risk operation
the firm’s difficulties are intrinsic and too serious to be
consisting of a rescue guarantee of EUR 1,5 million for
dealt with by the group itself. Spain has not submitted
a six-month period which enabled the company to
information showing whether these conditions are met.
obtain a loan on the capital market for EUR 1 875 000.
This loan was issued on 21 May 2009. It relieved the
company’s cash-flow problems, which would have bank
rupted it, and gave it the necessary margin for
(20) Regarding
the
restructuring
plan,
the
Commission
has
manoeuvre to develop a new restructuring plan with
doubts that it will lead to long-term viability, as
the measures and actions it needed to guarantee its
required by points 35 and 36 of the Guidelines. The
viability during the unexpected situation involving
general credit restrictions by financial institutions.
( 5 ) OJ C 155, 20.6.2008, p. 10.
( 6 ) OJ C 14, 19.1.2008, p. 6.
( 7 ) See also points 61 and 63 of the Guidelines.

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EN
28.3.2012 Official
Journal
of
the
European
Union L
90/25
(25) As regards the classification of the guarantee as aid, Spain
unduly adverse spill-over effects in other Member States
claimed that there would be no effect on trade. The after-
within the meaning of point 25(b) of the Guidelines. The
sales services — the recipient’s area of activity — would
number of people officially employed in the undertaking
be provided locally and limited to the territory of Spain.
was 527. A bankruptcy or closure of the undertaking
Aid would not affect cross-border trade or appreciably
would have affected these employees and, in addition,
hinder non-Spanish competitors from setting up oper
several hundred indirect jobs. Given the age structure
ations in the Spanish market. There would also be no
of the employees, a large part would have had difficulties
basis for providing post-sales services to Spanish end-
in finding a new job. With the high unemployment rate
users from outside Spanish territory. Although A
in Andalusia (30 % in Malaga) a closure would have
NOVO was part of the French group A NOVO S.A., an
caused a very serious social situation. Furthermore,
important player in after-sales services in Europe, the
Spain considered that, in view of the regional focus of
potential indirect effect on trade would be a theoretical,
after-sales repair services, unduly adverse spill-over effects
and, at most, insignificant possibility and would not
in other Member States were unlikely.
appreciably affect competitive relations between a
group like A NOVO S.A. and its competitors given the
amount of the aid in comparison with a major group like
A NOVO S.A. whose turnover amounted to EUR 366
(28) The Spanish authorities also maintained that the
million in 2009.
conditions of point 25(c) of the Guidelines applicable

to non-notified rescue aid were met, according to
which the Member State must submit, no later than six
(26) The
Spanish
authorities
stated
that
the
interest
rate
on
months after the first authorisation of a rescue aid
the 21 May 2009 bank loan of EUR 1,875 million,
measure, a restructuring plan or proof that the
which was 80 % guaranteed by the Junta de Andalucía
guarantee has been terminated. Following the granting
for a 1,5 % annual premium, was comparable to the
of the rescue aid on 21 May 2009, Spain notified the
rates observed for loans to healthy firms. The interest
restructuring plan and the planned aid on 16 October
rate was 2,88 % and the reference rate published by
2009. Thereby it remained within six months as from
the Commission for May 2009 was 2,22 % ( 8 ). The
the grant of the rescue aid. Furthermore, Spain confirmed
Communication on the revision of the method for
that the state guarantee was limited to six months.
setting the reference and discount rates ( 9 ) determines
the margin to be applied to loans with high collateral
to healthy undertakings (rating AAA – A) of 60 basis
points. This would give a limit of 2,82 %. According to
(29) Lastly, the Spanish authorities held that the amount of
the decision granting the guarantee, the guarantee
aid was limited to the amount needed to keep the under
expired not later than six months after the loan was
taking in business during the authorisation period of six
granted.
months, as required by point 25(d) of the Guidelines. The

amount was calculated on the basis of the six-month
liquidity needs and the cash deficit submitted by the
(27) The Spanish authorities also stated that the guarantee was
company, which provided the following six-month cash
justified due to serious social repercussions and had no
flow table as part of the rescue application:
(in EUR)
Month 1 Month
2 Month
3 Month
4 Month
5 Month
6
Revenues 1
440
998,00 1
685
785,00 1
586
880,00 1
403
600,00 1
405
920,00 1
549
760,00
Expenses 1
632
677,00 4
231
415,00 2
631
987,00 2
684
834,00 1
754
309,00 1
504
723,00
Balance –
191
679,00 –
2
545
630,00 –
1
045
107,00 –
1
281
234,00 –
348
389,00 45
037,00
Cumulative balance –
191
679,00 –
2
737
309,00 –
3
782
416,00 –
5
063
650,00 –
5
412
039,00 –
5
367
002,00
(30) On the
basis of these data the Spanish authorities
Depreciation 2008: EUR 437 201
concluded that the amount needed was EUR 1 875 000
despite the high negative cash flow figure (EUR –
5 367 002). When determining the amount of aid,
Spain took into consideration the result obtained by
Working capital 2008: (current assets EUR 7 686 473 –
applying the formula provided in the Annex to the
current liabilities EUR 10 446 997) = EUR – 2 760 524
Guidelines. The calculation was made as follows:
Working capital 2007: (current assets EUR 11 748 449 –
current liabilities EUR 10 958 960) = EUR 789 489
EBIT 2008: EUR – 4 212 036
( 8 ) http://ec.europa.eu/competition/state_aid/legislation/reference_rates.
html
(working capital t – working capital t -1) = EUR
( 9 ) OJ C 14, 19.1.2008, p. 6.
– 3 550 013

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L 90/26
EN
Official Journal of the European Union
28.3.2012
[EBIT t + depreciation t + (working capital t – working
(32) Regarding
the
2005
restructuring
and
the
one
time,
last
capital t -1)]/2
time principle, according to the Spanish authorities 224
employees benefited from the partial retirement scheme
following the suspension of their employment contracts
in accordance with a temporary labour force adjustment
= [EUR –
4
212
036 + EUR
437
201 + EUR
plan (ERTE). Under this ERTE, 224 employees suspended
– 3 550 013]/2 = EUR – 3 662 424
their employment contracts in accordance with the
general labour legislation applicable, in particular
Article 45 of the Workers’ Statute adopted by Legislative
Royal Decree 1/1995 of 24 March 1995 ( 10 ).
As a result, half of the negative operating cash flow for
the year preceding the aid amounted to EUR 3 662 424.
The loan guaranteed by Spain would remain well below
this ceiling and, therefore, limited to the amount needed.
(33) In
accordance
with
Article
45(1)
of
the
Workers’
Statute,
an employment contract can be suspended for economic,
technical, organisational or production reasons.
(31) As
to
whether
A
NOVO,
as
a
wholly
owned
subsidiary
of
Article 45(2) states that the suspension relieves the
the French undertaking A NOVO SA, whose turnover is
parties of the reciprocal obligations of working and
some EUR 350 million, can qualify as a company in
remunerating work. The employees receive
difficulty eligible for rescue and restructuring support,
unemployment benefit on the basis of Article 208(1)(a)
Spain claimed that the firm’s difficulties were intrinsic
of the General Social Security Law (Legislative Royal
and too serious to be dealt with by the Group itself.
Decree 1/1994 of 20 June 1994 ( 11 )). According to
They were intrinsic because exclusively linked to the
Article 214(2) of this Royal Decree approving the
activities of A NOVO and, in particular, to its shift
Revised Text of the General Social Security Law, the
from manufacturing to services. They did not result
employer is required to pay the employer’s contribution
from any cost allocations within the group. Furthermore,
for the social security insurance while the employee’s
the firm’s financial difficulties were too serious for the
social security contribution is paid by the National
group itself to overcome. The 2008 and 2009 profit and
Social Security Institute (INSS).
cash flow results for the A NOVO Group SA and A
NOVO Comlink Spain show that towards the end of
2008, when the difficulties of A NOVO began to call
for a rescue operation, the parent company was itself
under financial pressure:
(34) Once
the
individual
contract
suspension
period
auth
orised in the ERTE ended, the employees were reincor
porated in the company but came under the partial
(EUR million)
retirement scheme whereby they worked only 15 % of
their original contract. The company paid 15 % of the
A NOVO Group SA
salary and social security contributions. According to the
(France)
A NOVO (Spain)
Spanish authorities, this measure, as well as the accom
2008 2009 2008 2009
panying financial provisions adopted by the Employment
Ministry of the Junta de Andalucía in the context of the
Sales 350 366 14,9 15,5
ERTE of 2005 and based on the 18 July 2005
Agreement on the Bases and Commitments of A
Profits –
17 12 –
3,9 –
0,3
NOVO Comlink Spain SL’s Viability Plan, comply with
the general labour legislation applicable. This concerns, in
particular, Articles 51 et seq. of the Workers’ Statute;
Own resources 45 53
0 1,8
Royal Decree 43/1996 of 19 January of the Ministry of
Employment and Social Security approving the Rules on
Short-term loans 28 18 3,4
2
procedure for regulation of short-time working and lay-
offs and for administrative action in connection with
Long-term loans 56 51 0,6 0,7
collective transfers ( 12 ); Royal Decree 2064/1995 of 22
December approving the General Regulation on the
Cash flow –
0,3
2 –
0,6 –
0,9
contributions and settlement of other social security
entitlements ( 13 ); and the Collective Life Assurance
Contract, which is a specific measure to support
Assets 230 225 14,2 13,4
employees directly and nominally to cope with the impli
cations of their move to partial retirement, as laid down
in Law 50/1980 of 8 October on Insurance
The Group’s losses of EUR 17 million in 2008 were also
Contracts (
caused by a series of commitments towards A NOVO

14 ).
Spain. The A NOVO Group made very significant
contributions to its Spanish subsidiary: EUR
2
123
( 10 ) BOE (Official State Gazette) No 75, 29.3.1995, p. 9654.
million in 2006 and EUR 2 060 million in 2009.
( 11 ) BOE No 154, 29.6.1994, p. 20658.
( 12 ) BOE No 44, 20.2.1996, p. 6074.
Further pressure arose in 2009 from the need to
( 13 ) BOE No 22, 25.1.1996, p. 2295.
reschedule the French Group’s debts.
( 14 ) BOE No 250, 17.10.1980, p. 23126.

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EN
28.3.2012 Official
Journal
of
the
European
Union L
90/27
IV. ASSESSMENT
rescue aid guarantee constitutes State aid within the
meaning of Article 107(1) TFEU. It was awarded by
1. Withdrawal of the notification by Spain
the Junta de Andalucía and is imputable to the State.
(35) After the withdrawal of the notification, the procedure
regarding the notified restructuring plan ceased to serve
any purpose. However, the withdrawal of a notification
cannot have an effect on the rescue aid which was not
(39) A
NOVO
is
a
firm
in
difficulty
within
the
meaning
of
notified and already granted before the notification of the
point 13 of the Guidelines, despite belonging to a larger
restructuring aid.
group. Spain could demonstrate that the difficulties of
the undertaking were intrinsic and not the result of an
arbitrary allocation of costs. In fact, they were due to the
industrial restructuring affecting the company in the
2. The rescue aid of May 2009
preceding years. The difficulties were too serious to be
dealt with by the parent company alone as this company
(36) Following
the
replies
by
the
Spanish
authorities,
it
must
be ensured that the rescue aid is compatible with
itself was under financial strain at the time of the
Article 107(3)(c), as it meets the relevant conditions
granting of the rescue aid. In 2006 it had invested
laid down in the Community Guidelines on State aid
EUR 2,123 million in A NOVO and it had itself also
for rescuing and restructuring firms in difficulty.
incurred losses in 2008. In 2009 it made an own cash

injection of EUR 2,060 million.
(37) The
measure constitutes aid within the meaning of
Article 107(1) TFEU. To qualify as State aid, the
(40) The
guarantee
complies
with
the
requirements
laid
down
measure needs to confer an advantage on the recipient
in point 25(a) of the Guidelines. The rescue bank loan of
which it could not obtain under normal market
EUR 1,875 million, which was 80 % guaranteed by the
conditions and which would affect competition and
Junta de Andalucía, was granted at an interest rate which
trade between Member States. A guarantee must be
is comparable to those observed for loans to healthy
considered to constitute aid if the borrower is in
firms, according to the Communication on the revision
financial difficulty under the terms of point 3.2(a) of
of the method for setting the reference and discount
the Commission Notice on the application of Articles
rates. In addition, the borrower paid an annual
87 and 88 of the EC Treaty to State aid in the form
guarantee premium of 1,5 %. The guarantee expired
of guarantees. In this case, the Commission considers
within six months after the date on which the loan
that the guarantee confers an advantage on the
was granted.
borrower. The position of the beneficiary company was
strengthened compared with that of its competitors.
Hence the measure could distort competition.
(41) The
guarantee
was
justified
due
to
A
NOVO’s
serious
social difficulties and had no unduly adverse spill-over
(38) The
Spanish
authorities
maintained
that
there
would
be
effects in other Member States within the meaning of
no effect on trade between Member States. However, the
point 25(b) of the Guidelines. The Commission had
Court has confirmed that the effect on trade does not
already acknowledged in the opening Decision that the
depend on the local or regional character of the services
economic situation of A NOVO, which employed 527
supplied or on the scale of the field of activity
people, became difficult during 2008 (see recitals 11 and
concerned ( 15 ). Moreover, the after-sales services
12 above). A bankruptcy or closure of the undertaking
provided by A NOVO are freely traded within the
would have caused a very serious social situation in
Union. The ownership of the firms providing such
Andalusia, which already suffers from a high
services extends to more than one Member State. This
unemployment rate. In view of the regional focus of
applies, in particular, to the recipient, which is part of the
after-sales repair services, unduly adverse spill-over
French A NOVO Group, a major player in after-sales
effects in other Member States are not likely.
services in Europe and beyond. A NOVO’s services
could just as well be provided by other European
companies with a subsidiary in Spain. Companies from
other Member States could also consider setting up in
Spain to offer such services but might be dissuaded from
(42) The conditions of point 25(c) of the Guidelines
doing so because of the services A NOVO is able to offer
applicable to non-notified rescue aid are also fulfilled,
thanks to the aid it received. A low amount of aid can
according to which the Member State must submit
also have an impact on trade between Member States,
within six months after the first authorisation of a
especially if it determines whether A NOVO can continue
rescue aid measure a restructuring plan or proof that
to operate. The aid could also strengthen the French
the guarantee has been terminated. Following the
parent company. Therefore the condition of an effect
granting of the rescue aid on 21 May 2009, A NOVO
on trade between Member States is fulfilled and the
submitted a restructuring plan on 10 September 2009
together with an application for restructuring aid. On
16 October 2009, Spain notified the restructuring plan.
( 15 ) Case C-280/00 Altmark Trans [2003] ECR I-7747, paragraph 82;
Case C-172/03 Heiser/Finanzamt Innsbruck [2005] ECR I-1627,
In addition, the state guarantee was limited to six months
paragraph 33.
and expired on 21 November 2009.

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L 90/28
EN
Official Journal of the European Union
28.3.2012
(43) In
addition, the amount of aid was limited to the
the internal market within the meaning of
quantity needed to keep the undertaking in business
Article 107(3)(c) TFEU. The procedure in respect of the
during the authorisation period of six months, as
notified restructuring aid is closed on the grounds that it
required by point 25(d) of the Guidelines. The amount
no longer serves any purpose given that Spain has
was calculated on the basis of the six-month liquidity
withdrawn the measure,
needs and cash deficit submitted by the company, and
was well below the ceiling established following the
formula provided in the Annex to the Guidelines. It
HAS ADOPTED THIS DECISION:
may be considered to be restricted to the amount
needed according to point 25(d) of the Guidelines.
Article 1
The State aid in the form of a guarantee granted by Spain to
(44) As regards the one time, last time principle, the
rescue A NOVO Comlink SL is compatible with the internal
information submitted by Spain allowed the Commission
market within the meaning of Article 107(3)(c) of the Treaty on
to verify that the public funds employed in the context of
the Functioning of the European Union.
the 2005 restructuring for social measures for part of A
NOVO’s workforce took place under a general social
security scheme and cannot be regarded as State aid, in
Article 2
accordance with points 61 and 63 of the Guidelines.
After Spain’s withdrawal of the restructuring measure, these
proceedings have ceased to serve any purpose as far as this
restructuring aid is concerned. The Commission has therefore
(45) Consequently, the information submitted by the Spanish
authorities clears up any doubts about the compatibility
decided to terminate the procedure pursuant to Article 108(2)
of the interim relief awarded to A NOVO with
TFEU with regard to the restructuring aid.
Article 107(3)(c) of the Treaty, which the Commission
had expressed in its decision to initiate the procedure laid
Article 3
down in Article 108(2) of the Treaty.
This Decision is addressed to the Kingdom of Spain.
V. CONCLUSION
(46) Therefore,
the
Commission
has
decided
to
terminate
the
Done at Brussels, 23 March 2011.
procedure laid down in Article 108(2) TFEU. With regard
to the non-notified rescue aid, the Commission finds that
For the Commission
Spain has unlawfully implemented it in breach of
Article 108(3) TFEU. However, the Commission must
Joaquín ALMUNIA
take a positive decision because it is compatible with
Vice-President

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Document Outline

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