Team (2013:388) On The Application Of The State Aid Rules Of The European Union

Original Language Title: Lag (2013:388) om tillämpning av Europeiska unionens statsstödsregler

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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

determines.



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.



Interest rate



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

aid donor.



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.



Interim decision



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.



Legal costs



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

legal costs.



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.



Information obligations



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.



Verification visits



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

company:



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.



Transitional provisions



2013:388



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.