Extract
Information relating to the entry into force of the Agreement of scientific and technical cooperation between the European Communtiy and the State of Israel
EN Official Journal of the European Communities 16. 6. 1999L 149/40
COMMISSION COMMISSION DECISION of 28 October 1998 on State aid implemented by Spain in favour of SNIACE SA, located in Torrelavega, Cantabria (notified under document number C(1998) 3437) (Only the Spanish text is authentic) (Text with EEA relevance) (1999/395/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Communities and, in particular, the first subparagraph of Article 93(2) thereof,Having called on interested parties to submit their comments pursuant to the provisions cited above (1), and having regard to their comments,Whereas:I. PROCEDURE (1) By letter dated 17 April 1997 the Commission received a detailed complaint from a law firm representing the Austrian company Lenzing AG, the largest Community producer of viscose fibres, concerning various elements of illegal aid awarded to its Spanish competitor `Sociedad Nacional de Industrias y Aplicaciones de Celulosa Espanola' SA (hereinafter referred to as SNIACE). The complaint included new information not provided with its original complaint dated 4 July 1996, in respect of which the Commission had found that there was insufficient evidence of State aid. The new information provided to the Commission included a copy of a viability plan for SNIACE produced by a private consultancy firm. The complainant alleged that SNIACE had received significant sums of State aid over a period of several years, stretching back to the late 1980s. That aid had not been notified to the Commission in accordance with Article 93(3) of the EC Treaty nor with the Code on aid to the synthetic fibres industry. The aid had distorted competition in a sector suffering from structural overcapacity and had served to keep SNIACE alive artificially.(2) There followed a lengthy preliminary investigation, which included meetings between DG IV, the complainant, and the Spanish authorities on 17May 1997 and 16 June 1997 respectively. The complaint was registered as non-notified aid under NN 118/97 on 17 July 1997.(3) By letter dated 7 November 1997 the Commission informed the Spanish Government of its decision to initiate the procedure laid down in Article 93(2) of the Treaty in respect of several elements of presumed aid (see below).(4) The Commission decision to initiate the procedure was published in the Official Journal of the European Communities (1). The Commission invited interested parties to submit their comments on the presumed aid.(1) OJ C 49, 14.2.1998, p. 2. EN Official Journal of the European Communities16. 6. 1999 L 149/41 (5) By letter dated 19 December 1997, the Spanish Government replied to the Commission's letter opening the procedure which provided further information in support of its view that none of the matters under investigation constituted aid within the meaning of Article 92(1) of the EC Treaty.(6) By letter dated 23 February 1997, the Commission requested clarification on certain points. The Spanish Government replied by letter dated 16April 1998.(7) The Commission received comments from interested parties. It forwarded them to the Spanish authorities, which was given the opportunity to react; its comments were received by letter dated 24June 1998.II. SNIACE (8) SNIACE was founded in 1939 and is a producer of cellulose, paper, viscose fibres, synthetic fibres and sodium sulphate. It is based in Torrelavega,Cantabria, which since September 1995 has been a region eligible for aid pursuant to Article 92(3) (a)....See the full content of this document
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