Euro exchange rates (1)

31 December 2009

2010/C 8/01

1 euro =

(1)  Source: reference exchange rate published by the ECB.

Euro exchange rates (1)

13 January 2010

2010/C 8/02

1 euro =

(1)  Source: reference exchange rate published by the ECB.

Special Report No 16/2009 ‘The European Commission’s management of pre-accession assistance to Turkey’

2010/C 8/03

The European Court of Auditors hereby informs you that Special Report No 16/2009 ‘The European Commission’s management of pre-accession assistance to Turkey’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://www.eca.europa.eu

A hard copy and a CD-ROM version of the report may be obtained free of charge on request to the Court of Auditors:

or by filling in an electronic order form on EU-Bookshop.

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2010/C 8/04

Web link to the full text of the aid measure:

http://www.istruzione.provincia.ancona.it/media/Files/9793_bando_oss_-_allegato_dgp_188_09.pdf

Web link to the full text of the aid measure:

http://www.regione.puglia.it/index.php?page=burp&opz=getfile&file=s1-1.htm&anno=xl&num=24

Web link to the full text of the aid measure:

http://www.mg.gov.pl/gospodarka/programy

Web link to the full text of the aid measure:

http://www.fseromania.ro/images/downdocs/schema_ajutor_stat_formare_profesionala.pdf

Web link to the full text of the aid measure:

http://www.fseromania.ro/images/downdocs/schema_ajutor%20stat_ocupare.pdf

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2010/C 8/05

Web link to the full text of the aid measure:

http://www.gencat.cat/eadop/imagenes/5361/09068213.pdf

Web link to the full text of the aid measure:

http://www.docv.gva.es/portal/portal/2009/04/29/pdf/2009_4627.pdf

Web link to the full text of the aid measure:

http://www.regione.basilicata.it/dipattivitaproduttive/default.cfm?fuseaction=doc&dir=1458&doc=1809&link=

Web link to the full text of the aid measure:

http://www.regione.basilicata.it/dipattivitaproduttive/default.cfm?fuseaction=doc&dir=1458&doc=1809&link=

Web link to the full text of the aid measure:

http://www.regione.basilicata.it/dipattivitaproduttive/default.cfm?fuseaction=doc&dir=1458&doc=1809&link=

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2010/C 8/06

Web link to the full text of the aid measure:

http://www.ncbir.gov.pl

Web link to the full text of the aid measure:

http://www.nauka.gov.pl/mn/index.jsp?place=Menu08&news_cat_id=1560&layout=2

Decyzja nr 529/ERA-NET/2009

Web link to the full text of the aid measure:

http://www.nauka.gov.pl/mn/index.jsp?place=Menu08&news_cat_id=1560&layout=2

Decyzja nr 530/ERA-NET/2009

Web link to the full text of the aid measure:

http://www.nauka.gov.pl/mn/index.jsp?place=Menu08&news_cat_id=1560&layout=2

Decyzja nr 529/ERA-NET/2009

Web link to the full text of the aid measure:

http://www.consiglioveneto.it/crvportal/leggi/1978/78lr0052.html?numLegge=52&annoLegge=1978&tipoLegge=Alr

http://bur.regione.veneto.it/BurServices/pubblica/HomeConsultazione.aspx

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2010/C 8/07

Web link to the full text of the aid measure:

http://brabant.regelingenbank.eu/regeling/339-algemene-subsidieverordening-provincie-noord-brabant/

Web link to the full text of the aid measure:

http://www.ejustice.just.fgov.be/mopdf/2009/03/10_1.pdf

Web link to the full text of the aid measure:

http://www.boe.es/boe/dias/2009/04/13/pdfs/BOE-A-2009-6152.pdf

Web link to the full text of the aid measure:

http://www.provincie-utrecht.nl/garantiefondsenergie

Web link to the full text of the aid measure:

http://www.norme.marche.it/Delibere/2009/DGR0405_09.pdf

Publication pursuant to Article 6 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding up of credit institutions

2010/C 8/08

NORTHERN ROCK PLC TRANSFER ORDER 2009

On 8 December 2009 the Treasury, the UK’s finance and economics ministry, made the Northern Rock plc Transfer Order 2009 (‘the Order’), which makes provision for certain reorganisation measures to be implemented in respect of the restructuring of Northern Rock plc (wholly owned by the Treasury).

Articles 2, 6, 7 and 8 of, and Schedule 2 to, the Order came into force on 8 December 2009. Articles 6 and 7 make provision to ensure that third parties do not acquire or incur new rights, interests, obligations or liabilities as a result of the making of the Order or things done or omitted to be done in relation to it.

The remaining provisions of the Order come into force on 1 January 2010 and make provision in conjunction with, or to give effect to, the restructuring of Northern Rock plc.

The restructuring involves the transfer of parts of Northern Rock’s business, including retail deposits, specified wholesale deposits and a proportion of unencumbered mortgages (which includes all of the business of Northern Rock’s Irish branch (registered number at the Irish Companies Registration Office of 904328)) to a new company, which is wholly owned by the Treasury and will be regulated by the Financial Services Authority (the body established to regulate the financial services industry in the UK). The remainder of Northern Rock’s mortgage book, arrangements relating to the Granite securitisation and the covered bond programme, the Government loan and other borrowings, derivatives and specified wholesale deposits (held on behalf of its wholesale funding programmes) will remain with the existing company.

Following the transfer, it is intended that the existing company will be renamed as ‘Northern Rock (Asset Management) plc’ and the new company will be named ‘Northern Rock plc’. Both companies will be operated at arms’ length from the UK Government on commercial principles.

The Order was made in exercise of the powers conferred by sections 8 and 12 of, and Schedule 2 to, the Banking (Special Provisions) Act 2008. Further details are available at: http://www.hm-treasury.gov.uk

Persons affected by the Treasury’s decision to make the Order may apply to the Administrative Court at the Royal Courts of Justice, Strand, London, WC2A 2LL, UNITED KINGDOM, for leave to challenge the decision by way of judicial review promptly, and in any event, not later than 3 months after 8 December 2009. Information regarding the time limit (including the circumstances in which it may be extended) and the procedure for making an application is set out in Civil Procedure Rule 54, available at: http://www.justice.gov.uk

Action brought on 2 December 2009 by the EFTA Surveillance Authority against Iceland

(Case E-8/09)

2010/C 8/09

An action against Iceland was brought before the EFTA Court on 2 December 2009 by the EFTA Surveillance Authority, represented by Xavier Lewis and Florence Simonetti, acting as Agents of the EFTA Surveillance Authority, Rue Belliard 35, 1040 Bruxelles/Brussel, BELGIQUE/BELGIË.

The EFTA Surveillance Authority requests the EFTA Court to declare that:

Legal and factual background and pleas in law adduced in support:

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of polyethylene terephthalate (PET) film originating in India

2010/C 8/10

The European Commission (Commission) has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’).

1.   Request for review

The request was lodged by Vacmet Packagings (India) Private Limited (the applicant), an exporting producer from India.

The review is limited in scope to the examination of dumping as far as the applicant is concerned.

2.   Product

The product under review is polyethylene terephthalate (PET) film originating in India (‘the product concerned’), currently falling within CN codes ex 3920 62 19 and ex 3920 62 90.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1292/2007 (2) on imports of polyethylene terephthalate (PET) film originating in India, as amended by Council Regulation (EC) No 15/2009 (3). Regulation (EC) No 1292/2007 extended the anti-dumping duty to imports of polyethylene terephthalate (PET) film consigned from Brazil and consigned from Israel whether declared as originating in Brazil or Israel or not, with the exception of certain companies specified in Article 2(4) of that Regulation.

4.   Grounds for the review

The request pursuant to Article 11(3) is based on prima facie evidence, provided by the applicant, that the circumstances on the basis of which measures were established have changed and that these changes are of lasting nature.

The applicant provided prima facie evidence that the continued imposition of the measure at its current level is no longer necessary to offset dumping. In particular, the applicant alleges that there have been significant changes in the production process of the company and that these changes have led to a substantially lower dumping margin since the imposition of the existing measures. A comparison of the applicant's domestic prices and its export prices to the European Union (EU) indicates that the dumping margin appears to be substantially lower than the current level of the measure.

Therefore, the continued imposition of measures at the existing level, which was based on the level of dumping previously established, appears to be no longer necessary to offset dumping.

5.   Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation.

The investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of the applicant.

If it is determined that measures should be removed or amended for the applicant, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from other companies in India.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant and to the authorities of the exporting country concerned. This information and supporting evidence should reach the Commission within the time limit set in point 6(a).

(b)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 6(a).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(b).

6.   Time limits

(a)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

(b)   Hearings

All interested parties may also apply to be heard by the Commission within the same 37-day time limit.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (4) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

8.   Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

9.   Schedule of the investigation

The investigation shall be concluded, according to Article 11(5) of the basic Regulation, within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

10.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).

11.   Hearing Officer

If interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of Trade DG. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this investigation, in particular with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of Trade DG (http://ec.europa.eu/trade).

(1)  OJ L 56, 6.3.1996, p. 1.

(2)  OJ L 288, 6.11.2007, p. 1.

(3)  OJ L 6, 10.1.2009, p. 1.

(4)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

(5)  OJ L 8, 12.1.2001, p. 1.

Notice of initiation of a partial interim review of the countervailing measures applicable to imports of polyethylene terephthalate (PET) film originating in India

2010/C 8/11

The European Commission (Commission) has received a request for a partial interim review pursuant to Article 19 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’).

1.   Request for review

The request was lodged by Vacmet Packagings (India) Private Limited (the applicant), an exporting producer from India.

The review is limited in scope to the examination of subsidisation as far as the applicant is concerned.

2.   Product

The product under review is polyethylene terephthalate (PET) film originating in India (‘the product concerned’), currently falling within CN codes ex 3920 62 19 and ex 3920 62 90.

3.   Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Regulation (EC) No 367/2006 (2) on imports of polyethylene terephthalate (PET) film originating in India, as amended by Council Regulation (EC) No 15/2009 (3). Regulation (EC) No 367/2006 extended the countervailing duty to imports of polyethylene terephthlate (PET) film consigned from Brazil and consigned from Israel whether declared as originating in Brazil or Israel or not, with the exception of certain companies specified in Article 1(3) of that Regulation.

4.   Grounds for the review

The applicant has provided prima facie evidence that the circumstances with regard to subsidisation on the basis of which measures were established have changed significantly and that these changes are of lasting nature.

The applicant alleges that the continued imposition of the measure on imports of the product under review at its current level is no longer necessary to offset the countervailable subsidisation. The applicant has provided sufficient evidence that its subsidy amount has decreased well below the duty rate currently applicable to it. This reduction in the overall subsidy level is mainly due to a significant drop in the benefits availed of under the Duty Entitlement Passbook Scheme (DEPB).

In the light of the above, the Commission considers that, as far as subsidisation of Vacmet Packagings (India) Private Limited is concerned, there is sufficient prima facie evidence that the circumstances with regard to subsidisation have changed significantly and are of a lasting nature and, therefore, the measures should be reviewed.

5.   Procedure for the determination of subsidisation

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 19 of the basic Regulation with a view to determining whether the measures should be removed or amended for the applicant.

If so, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from other companies in India.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant and to the authorities of the exporting country concerned. This information and supporting evidence should reach the Commission within the time limit set in point 6(a) of this notice.

(b)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 6(a) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(b) of this notice.

6.   Time limits

(a)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

(b)   Hearings

All interested parties may also apply to be heard by the Commission within the same 37-day time limit.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited (4)’ and, in accordance with Article 29(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

8.   Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 28 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 28 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

9.   Schedule of the investigation

The investigation shall be concluded, according to Article 22(1) of the basic Regulation, within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

10.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).

11.   Hearing Officer

If interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of Trade DG. He acts as an interface between the interested parties and the Commission investigating services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of Trade DG (http://ec.europa.eu/trade).

(1)  OJ L 188, 18.7.2009, p. 93.

(2)  OJ L 68, 8.3.2006, p. 15.

(3)  OJ L 6, 10.1.2009, p. 1.

(4)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 29 of the basic Regulation and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures.

(5)  OJ L 8, 12.1.2001, p. 1.

STATE AID — KINGDOM OF SPAIN

State aid C 38/09 (ex NN 58/09) — New tax-based funding system for public broadcasting in Spain

Invitation to submit comments pursuant to Article 108(2) of the TFEU

(Text with EEA relevance)

2010/C 8/12

By means of the letter dated 2 December 2009 reproduced in the authentic language on the pages following this summary, the Commission notified the Kingdom of Spain of its decision to initiate the procedure laid down in Article 108(2) of the TFEU concerning the above mentioned aid measure.

Interested parties may submit their comments within one month of the date of publication of this summary and the following letter, to:

These comments will be communicated to the Kingdom of Spain. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.

SUMMARY

1.   PROCEDURE

On 22 June 2009, the Commission received a complaint drawing attention to plans of the Spanish government to amend the system of financing of the national public broadcaster RTVE. On 5 August 2009 the Commission requested information from Spain and asked Spain to submit an official notification. On 1 September 2009 the new law (Law 8/2009) entered into force. On 21 September, 22 and 26 October 2009 Spain submitted information — not a notification — on the scheme to the Commission.

2.   DESCRIPTION

The new law amends Law 17/2006, which had been approved by the Commission in 2005 (1). It refers to the entrustment of RTVE with, and the definition of, a public service mission by Law 17/2006 and defines further such obligations. It provides in particular that advertising, teleshopping, merchandising and pay-per-view services will be discontinued with immediate effect. Spain intends to compensate the abolition of these revenues by raising its own contributions to an overall annual compensation for the public service of EUR 1 200 million, with a slight increase in later years.

This overall amount will be composed of State compensations according to the existing scheme in Law 17/2006 (about EUR 500 million) and through new income generated from three new fiscal measures which are introduced or rearranged by the new law itself:

If the income from the three new tax revenue sources was not sufficient to cover the gap between the traditional public service compensation and the overall costs of running RTVE, which so far has been covered by commercial revenues, the missing funds would be contributed from the general budget, in accordance with Law 17/2006. The first proceeds from the new taxes will not be collected before April 2010.

In order to avoid overcompensation, the law foresees a reserve fund into which is paid the part of the planned overall amount granted by the government which goes beyond the actual net costs of the public service obligation. This reserve is limited to 1 % of these costs; any surplus will go back to the Treasury. The reserve will be used to cover possible losses made in previous years. In case it has not been spent within four years, it will be used to reduce the public service compensation of the following year.

Spain will take transitional measures for 2009, when the new fiscal measures described above are not yet generating income but the revenues from advertising will start to decrease. The shortfall for the rest of 2009 is estimated at EUR 165 million and will be compensated from the State budget.

3.   ASSESSMENT

The measure, a transfer of money from the State's budget, to RTVE constitutes State aid. The assessment of the compatibility of this aid with the common market is based on the derogation for services of general economic interest provided for in Article 106(2) TFEU and, in particular, on the rules applicable to public broadcasting as laid down in the relevant Commission communication on State aid to public service broadcasting of 2001 (2). The definition of the public service obligations of RTVE and its entrustment are in accordance with this communication.

With regard to the proportionality of the planned annual compensation, the Commission considers that Spain has taken reasonable measures to avoid overcompensation and ensure proportionality of the funding of RTVE. In order to be certain that there won't be any possibility for overcompensation, the Commission invites comments on the financing mechanism.

However, the provisions in Law 8/2009 seem to hypothecate the revenues of these three fiscal measures to the aid to RTVE. The relevant provisions dedicate at least parts of the revenue to the financing of RTVE and expressly state that the revenues are collected ‘for the purpose of contributing to the financing of RTVE’. If the new taxes formed an integral part of the measure, their compatibility with the Treaty would have to be assessed and would impact on the general legality of the aid scheme. There may be in particular doubts as to the compatibility of one of the new taxes with the Directive on the authorisation of electronic communications networks and services (3). The Commission has also received a complaint from the industry affected which doubts the compatibility of the tax measure. Like in the investigation regarding the new French system of financing France Télévisions (4), which shows many similarities in this respect, the assessment of the aid to RTVE would be incomplete if those new taxes were not included.

Spain has not provided arguments which would dispel the Commission's doubts on the hypothecation of the taxes and the compatibility of the planned measures for the years 2010 and thereafter and would allow it to conclude that they do not run against the common interest, pursuant to Article 106(2) TFEU. The Commission should therefore adopt a final decision on the multi-annual financing of RTVE only after having given interested parties the opportunity to make their views known.

The sources of financing RTVE have been altered in a way which requires a new evaluation of the compatibility of this financing with the Treaty. Therefore the Commission is not able to consider the scheme for 2010 and the following years as existing aid. It constitutes new aid which would have required a notification according to Article 108(3) of the TFEU. The Commission regrets that Spain has not notified the changes and has put them into effect before the Commission was able to assess them.

In accordance with Article 14 of Council Regulation (EC) No 659/1999 (5), all unlawful aid can be subject to recovery from the recipient.

TEXT OF LETTER

(1)  Case E 8/05 (OJ C 239, 4.10.2006, p. 17).

(2)  OJ C 320, 15.11.2001, p. 5.

(3)  Directive 2002/20/EC of the European Parliament and of the Council (OJ L 108, 24.4.2002, p. 21).

(4)  Case C 27/09.

(5)  OJ L 93, 27.3.1999, p. 1.

(6)  Con efecto a partir del día 1 de diciembre de 2009, los artículos 87 y 88 del Tratado CE se convierten respectivamente en los artículos 107 y 108 del TFUE. Ambos conjuntos de disposiciones son en sustancia idénticos. Al propósito de esta Decisión, las referencias a los artículos 107 y 108 del TFUE deben ser entendidos respectivamente como referencias a los artículos 87 y 88 del Tratado CE.

(7)  Ley 17/2006 de 5 de junio, de la radio y televisión de titularidad estatal, Boletín Oficial del Estado 134, 21207, de 6 junio de 2006.

(8)  Asuntos E 8/05 y NN 8/07.

(9)  Boletín Oficial del Estado 210, 74003, de 31 agosto de 2009.

(10)  Sentencia del TJCE de 17 de junio de 1999 en el asunto C-75/97 Maribel bis/ter, REC 1999, p. I-3671, apartado 47.

(11)  Sentencia del TJCE de 7 de marzo de 2002 en el asunto C-310/99 Italia contra Comisión, Rec. 2002, p. I-2289.

(12)  DO C 320 de 15.11.2001, p. 5, apartado 18. DO C 257 2009, p. 1, apartado 22.

(13)  Sentencia del TJCE en los asuntos acumulados T-185/00, T-216/00, T-299/00 y T-300/00, M6 y otros contra Comisión, Rec. 2002, p. II-3805.

(14)  Sentencia de 24 de julio de 2003 en el asunto C-280/00, Altmark Trans, Rec. 2003, p. I-7747.

(15)  Sentencia de 24 de julio de 2003 en el asunto C-280/00, Altmark Trans, apartado 94.

(16)  Asuntos acumulados T-195/01 y T-207/01, Tribunal de Primera Instancia, Gobierno de Gibraltar contra Comisión, Rec. 2002, p. II-2309, apartado 109.

(17)  Dictamen en el asunto C51/74 HULST de 23 de enero de 1975.

(18)  Véase el asunto C-44/93, Namur-Les Assurances, Rec. 1994, p. I-3829.

(19)  Debe aclararse que la financiación transitoria de RTVE para 2009 difiere a este respecto de la financiación transitoria que Francia facilitó a France Télévisions, según lo establecido en el asunto C 27/09. Mientras que en ambos casos las medidas aspiran a compensar al radiodifusor por la pérdida de ingresos debida a la supresión de la publicidad, la asignación en el asunto C 27/09 era una medida ad hoc no cubierta por el sistema general de financiación de la radiodifusión existente en Francia, que se basa en los fondos procedentes los cánones por uso de televisores.

(20)  DO C 320 de 15.11.2001, p. 5.

(21)  Esta práctica casuística se consolidó en la Comunicación sobre la radiodifusión de 2009. En la práctica, al adecuarse a esta Comunicación, España también observará la Comunicación sobre la radiodifusión de 2001 de la Comisión y la práctica casuística desarrollada sobre la base de esta Comunicación.

(22)  Véase apartado 29 de la Comunicación sobre la aplicación de las normas en materia de ayudas estatales a los servicios públicos de radiodifusión de 2001.

(23)  Apartado 31 de la Comunicación sobre la radiodifusión.

(24)  Véase la Decisión E 3/05 de la Comisión de 24.4.2007, apartados 370 y 372; Decisión E 8/06 de la Comisión de 27.2.2008, apartado 230; y Decisión E 4/05 de la Comisión de 27.2.2008, apartado 121. Esta práctica casuística se adoptó basándose en la Comunicación sobre la radiodifusión de 2001 y se aclaró y consolidó en el apartado 88 de la Comunicación sobre la radiodifusión de 2009.

(25)  Véase, por ejemplo, la Decisión E 3/05 de la Comisión de 24.4.2007, apartado 281 (“un margen del 10 %”) y la Decisión C 2/04 de la Comisión de 22.6.2006, apartado 147 (“el 10 % del presupuesto total”). Esta práctica casuística se consolidó y aclaró en los apartados 73 y 74 de la Comunicación sobre la radiodifusión de 2009.

(26)  Comunicación sobre la radiodifusión de 2001, apartado 41.

(27)  Véanse las Decisiones de la Comisión E 3/05 de 24.4.2007, apartado 282, y E 4/05 de 27.2.2008, apartado 112.

(28)  Asuntos acumulados C-261/01 y C-262/01, Belgische Staat contra Eugene van Calster, Felix Cleeren y Openbaar Slachthuis NV, apartados 48 y 49; asunto C-174/02 Streekgewest Westelijk Noord-Brabant, apartado 26; sentencia de 22 de diciembre de 2008 en el asunto Régie Networks (asunto C-333/07, apartados 93 a 112).

(29)  Regie Networks, C 333/07, apartado 99.

(30)  Asunto C 27/09 (France Télévision).

(31)  Directiva 2002/20/CE de 7 de marzo de 2002.