Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2013:388
The scope of the law
section 1 of this Act applies to state aid within the meaning
in article 107 (1) of the Treaty on European Union
the European Union (TFEU).
With unlawful aid referred to in this law, the support provided in the battle
with the implementation of the prohibition laid down in article 108 (3) TFEU.
Obligation to recover unlawful aid
section 2 of The who has made unlawful aid shall recover the aid, if
No recovery may be omitted under EU law.
Questions about the recovery as referred to in the first subparagraph of assistance
been provided by the State are being assessed by the Government authority
Obligation to repay illegal aid
section 3 of The who have received illegal aid under EU law
paying back the aid, if not a refund under
EU law may be omitted.
section 4 of the EU law, it follows that it will pay back a
unlawful aid shall pay interest on the amount of the aid from the day
When the aid was at the disposal of the beneficiary until the date of
When the aid will be paid back. If the European Commission
Decides that an unlawful aid is compatible with the common
the market is following the EU law that the beneficiary will pay
interest on the amount of the aid from the date on which the aid was
the disposal of the beneficiary until the date of the European
the Commission announces its decision.
In chapter V of Commission Regulation (EC) no 794/2004 of
on 21 april 2004 implementing Council Regulation (EC)
No 659/1999 laying down detailed rules for the application of article 93 of
The EC Treaty provides for the calculation of interest.
The provisions shall also apply in cases where the Commission does not
taken a decision on the matter.
Statute of limitations
§ 5 limitation period of a claim for recovery of
unlawful aid is discontinued, except in the manner as indicated in paragraph 5 of the
Limitation Ordinance (1981:130), as referred to in
Article 15(2) of Council Regulation (EC) no 659/1999 of 22
March 1999 laying down detailed rules for the application of article 93 of
The EC Treaty.
An action for the recovery of unlawful aid
section 6 proceedings under this law on the recovery of unlawful aid
and the payment of interest on such aid may be brought only by the
Processing of targets for recovery of unlawful aid
section 7 of the target on the recovery of illegal aid under this Act
apply the provisions of the code of judicial procedure of civil litigation where
conciliation on the matter are not permitted.
8 § law may decide on immediate repayment of illegal
support and if immediate payment of interest on such aid, if
the plaintiff show probable cause for his action.
In the case of decisions referred to in the first subparagraph shall apply 15 Cape. paragraph 5 of the
the second to fourth paragraphs 6 and 8 of the code of judicial procedure.
Decision referred to in the first subparagraph may be appealed in particular.
§ 9 payment under section 8 shall be made to the County Administrative Board in
Stockholm County. Amounts paid to the County Board shall
without delay be interest-bearing. When a judgment relating to an action
If repayment has become final, the County Administrative Board
pay out the sum plus interest to support the donor of the month
the action has been accepted and the defendant to the extent that action has
supplied without consent or goal have depreciated.
section 10 of the goals under this law shall apply chapter 18.
the code of judicial procedure. If there are special reasons, may be
the right to decide that each party should be responsible for their
Enforcement of a judgment or decision relating to the
the repayment obligation
section 11 of the enforcement of a judgment whereby a beneficiary has
ordered to repay the illegal aid or to
pay interest on such support is not hampered by the debtor
set security in any of the ways specified in Chapter 3. 6 §
the first subparagraph of paragraph 2 and 3 of the enforcement code.
Enforcement of an interim measure whereby a
beneficiaries have been ordered to pay back illegal
support or to pay interest on such support are not constrained by
the debtor to set security in any of the ways specified
in Chapter 3. 6 of the enforcement code.
section 12 of The intended to grant or alter aid which
The European Commission according to article 108(3) of the Treaty on the functioning of the
shall be informed, shall disclose whether the measures to
the Government or the authority, as the Government determines.
Most likely to have information that the Government needs in
a case of State aid by the European Commission to
upon request, provide this information to the Government or the
the Government authority determines.
13 § when the European Commission has decided on a
verification visits pursuant to Council Regulation (EC) no 659/1999 of
22 March 1999 laying down detailed rules for the application of article 93 of
The EC Treaty, the Commission has the right to obtain the assistance of the
Enforcement authority to carry out the following actions in
1. review the books and other business records and take
copies of these documents, and
2. get access to all premises and land
used by the company concerned.
Questions about assistance under this section be reviewed by
Enforcement authority. Enforcement authority shall not
inform the company if a request for assistance before
enforcement takes place. In addition, the provisions of
the enforcement code on the enforcement of obligations that are not
relates to liability or eviction.
1. this law shall enter into force on July 1, 2013, when the Act
(1994:1845) on the application of the European Union
State aid rules is repealed.
2. The law also apply to unlawful aid granted prior to
the entry into force.
3. the provisions of paragraphs 7 to 11 shall not apply in the case of objectives
that is pending when this Act comes into force.
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