D E Z I E Ci

Original Language Title: D E  CI Z I E

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    Plenary session of the Council, acting in accordance with article 10. 41 of the law on competition no. 183 from 11.07.2012, the decision of the Parliament. 179 from 12.07.2013 regarding the appointment of members to the plenary of the Council, as well as the decision of the Parliament. 220 from 27.09.2013 regarding the appointment of a member of the plenary Council, analysing the report of investigation on the case initiated by the plenum of the competition Council No. 24 of 23.06.2015 concerning the initiation of the investigation regarding the infringement of the legislation in the field of signs of State aid by the National Bank of Moldova, the observations submitted by the National Bank of Moldova and the Ministry of finance over the investigation and report enclosed, DECIDES: 1. To establish a breach of art. 10 para. (4) of law No. from 139 15.06.2012 with regard to state aid, and point 3 of the decision of the plenary Council of competition no. 01 SS from 27.11.2014 by the National Bank of Moldova, manifested by the failure of the restructuring plan or liquidation of JSC "savings bank", Jscb "Banca Sociala" and Jscb " UNIBANK "S.A. 2. He notes that State aid granted to rescue National Bank of Moldova in the form of preferential interest loans S.A. "Banca de Economii", Jscb "Banca Sociala" and Jscb " UNIBANK "S.A., after the expiration of 6 months from the grant of State aid, are misused aid. 3 of law No. from 139 15.06.2012 with regard to state aid. National Bank of Moldova will undertake the necessary measures to recover the aid is misused by S.A. "Banca de Economii", Jscb "Banca Sociala" and Jscb " UNIBANK "S.A. 4.  To find that the extent of support given by the Ministry of finance, in the form of guarantees under preferential conditions, S.A. "Banca de Economii", Jscb "Banca Sociala" and Jscb " UNIBANK "S.A. constitutes State aid within the meaning of art. 3 of law No. from 139 15.06.2012 with regard to state aid. To find that through nenotificarea State aid granted in the form of guarantees under preferential conditions S.A. "Banca de Economii", Jscb "Banca Sociala" and Jscb " UNIBANK "S.A., Ministry of Finance has not complied with the provisions of art. 8 of law No. from 139 15.06.2012 with regard to state aid. The Ministry of finance will undertake the necessary measures to recover the aid granted in the form of guarantees under preferential conditions, S.A. "Banca de Economii", Jscb "Banca Sociala" and Jscb " UNIBANK "S.A. 7. National Bank of Moldova and the Ministry of finance will inform the Council half-yearly Competition about the development measures taken for the implementation of this decision until the recovery of State aid. This decision shall enter into force on the date of its adoption.

The CHAIRMAN of the COMPETITION COUNCIL PLENUM Viorica CARARE