Common use of Conclusion Clause in Contracts

Conclusion. Based on the information submitted by the Norwegian authori- ties, the Authority cannot exclude the possibility that the measure(s) under scrutiny constitute aid within the meaning of Article 61(1) of the EEA Agreement. Furthermore, the Authority has doubts that these measures can be regarded as complying with Article 61(3) of the EEA Agreement. The Authority thus doubts that the above measures are compatible with the functio- ning of the EEA Agreement. Consequently, and in accordance with Article 10 in Part II of Protocol 3 to the Surveillance and Court Agreement, the Autho- rity is obliged to open the procedure provided for in Article 1 (2) in Part I of Protocol 3 of the Surveillance and Court Agree- ment. The decision to open proceedings is without prejudice to the final decision of the Authority, which may conclude that the measures in question are compatible with the functioning of the EEA Agreement. In light of the foregoing considerations, the Authority, acting under the procedure laid down in Article 1(2) in Part I of Protocol 3 to the Surveillance and Court Agreement, requests the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. In light of the foregoing consideration, the Authority requires that, within one month of receipt of this decision, the Norwe- gian authorities provide all documents, information and data needed for assessment of the compatibility of both the sale of the air base and the renting out of the air base to LILAS. It requests the Norwegian authorities to forward a copy of this letter to the potential recipient of the aid immediately. The Authority would like to remind the Norwegian authorities that, according to the provisions of Protocol 3 to the Surveil- lance and Court Agreement, any incompatible aid unlawfully put at the disposal of the beneficiaries will have to be recovered, unless this recovery would be contrary to a general principle of EEA law, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority has decided to open the formal investigation procedure provided for in Article 1(2) in Part I of Protocol 3 to the Surveillance and Court Agreement against Norway regarding the sale of Lista air base and the lease agree- ment between the Norwegian Defence Estates Agency and LILAS. The Norwegian authorities are requested, pursuant to Article 6(1) in Part II of Protocol 3 to the Surveillance and Court Agree- ment, to submit their comments on the opening of the formal investigation procedure within one month from the notification of this Decision. xxxxxx and data needed for the assessment of the compatibility of the aid measure. The EC Commission shall be informed, in accordance with Protocol 27(d) of the EEA Agreement, by means of a copy of this Decision. Other EFTA States, EC Member States, and interested parties shall be informed by publishing this Decision in its authentic language version, accompanied by a meaningful summary in languages other than the authentic language version, in the EEA Section of the Official Journal of the European Union and the EEA Supplement thereto, inviting them to submit comments within one month from the date of publication. This Decision is addressed to the Kingdom of Norway. Only the English version is authentic. Done at Brussels, 6 June 2007. The Norwegian authorities are required to provide within one month from notification of this Decision, all documents, infor-

Conclusion. Based on the information submitted by the Norwegian authori- ties, the Authority cannot exclude has doubts whether the possibility that the aid measure(s) under scrutiny constitute consti- tute aid within the meaning of Article 61(1) of the EEA AgreementAgree- ment. Furthermore, the Authority has doubts that whether these measures can be regarded as complying with Article 61(361(3)(c) of the EEA Agreement, in combination with the requirements laid down in the Authority's State Aid Guidelines on environmental protection and on aid for research and development. The Authority thus doubts that the above measures are compatible with the functio- ning functioning of the EEA Agreement. Consequently, and in accordance with Article 10 in 4(4) of Part II of Protocol 3 to the Surveillance and Court Agreement, the Autho- rity is obliged to open the procedure provided for in Article 1 (2) in Part I of Protocol 3 of the Surveillance and Court Agree- ment. The decision to open proceedings is without prejudice to the final decision of the Authority, which may conclude that the measures in question are compatible with the functioning of the EEA Agreement. In light of the foregoing considerations, the Authority, acting under the procedure laid down in Article 1(2) in of Part I of Protocol 3 to the Surveillance and Court Agreement, requests the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. In light of the foregoing consideration, the Authority requires that, within one month of receipt of this decision, the Norwe- gian Norwegian authorities provide all documents, information and data needed for assessment of the compatibility of both the sale of the air base and the renting out of the air base to LILASsupport scheme. It requests the Norwegian authorities to forward a copy of this letter to the potential recipient aid recipients of the aid immediately. The Authority would like to remind the Norwegian authorities that, according to the provisions of Protocol 3 to the Surveil- lance and Court Agreement, any incompatible aid unlawfully put at the disposal of the beneficiaries will have to be recovered, unless this recovery would be contrary to a general principle of EEA lawimmedia- tely, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority has decided to open the formal investigation procedure provided for in Article 1(2) in of Part I of Protocol 3 to the Surveillance and Court Agreement against Norway regarding the sale of Lista air base support scheme for alterative, renewable heating and the lease agree- ment between the Norwegian Defence Estates Agency and LILASelectricity savings in private households. The Norwegian authorities are requested, pursuant to Article 6(1) in of Part II of Protocol 3 to the Surveillance and Court Agree- ment, to submit their comments on the opening of the formal investigation procedure within one month from the notification of this Decision. xxxxxx The Norwegian authorities are required to provide within one month from notification of this decision, all documents, infor- mation and data needed for the assessment of the compatibility of the aid measure. The EC Commission shall be informed, in accordance with Protocol 27(d) of the EEA Agreement, by means of a copy of this Decision. Other EFTA States, EC Member States, and interested parties shall be informed by publishing this Decision in its authentic language version, accompanied by a meaningful summary in languages other than the authentic language version, in the EEA Section of the Official Journal of the European Union and the EEA Supplement thereto, inviting them to submit comments within one month from the date of publication. This Decision is addressed to the Kingdom of Norway. Only the English version is authentic. Done at Brussels, 6 June 19 December 2007. rity is obliged to open the procedure provided for in Article 1 (2) of Part I of Protocol 3 of the Surveillance and Court Agree- ment. The Norwegian authorities are required decision to provide within one month from notification open proceedings is without prejudice to (1) Section C point 25 of this Decision, all documents, infor-the Environmental guidelines. (2) See for example Commission Decision No 369/05.

Conclusion. Based on the information submitted by the Norwegian authori- tiesauthorities, the Authority cannot exclude the possibility possibi- lity that the measure(s) under scrutiny constitute contested funding constitutes aid within the meaning of Article 61(1) of the EEA AgreementEEA. Furthermore, the Authority has doubts that these measures this funding can be regarded as complying with Article 61(361(3)(c) of the EEA AgreementEEA. The Authority Autho- rity thus doubts that the above said measures are compatible with the functio- ning functioning of the EEA Agreement. Consequently, and in accordance with Article 10 4(4) in Part II of Protocol 3 to the Surveillance and Court AgreementAgree- ment, the Autho- rity Authority is obliged to open the procedure provided for in Article 1 (21(2) in Part I of Protocol 3 of the Surveillance and Court Agree- mentthat Protocol. The decision to open proceedings is without prejudice to the final decision of the Authority, which may conclude that the measures in question do not constitute aid within the meaning of Article 61(1) EEA or, if they do, that they are compatible with the functioning of the EEA Agreement. In light of the foregoing considerations, the Authority, acting under in accordance with the procedure laid down in Article 1(2) in Part I of Protocol 3 to the Surveillance and Court Agreement, requests that the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. In light of the foregoing considerationFurthermore, the Authority requires that, within one month of receipt of this decisionDecision, the Norwe- gian Norwegian authorities provide all documents, information and data needed for the assessment of the compatibility of both the sale nature of the air base contested funding and its compatibility with the renting out functioning of the air base to LILASEEA Agreement, including, in particular, the specific questions raised at points I.2.1(d) and II.1.2(a) and (b). It requests that the Norwegian authorities to forward a copy of this letter to the potential recipient recipients of the aid funding immediately. The Authority would like to remind also draw the attention of the Norwegian authorities that, according to the provisions fact that Article 1(3) in Part I of Protocol 3 to the Surveil- lance Surveillance and Court AgreementAgreement constitutes a standstill obligation and that Article 14 in Part III of that Protocol provides that, any incompatible in the event of a negative decision, all unlawful aid unlawfully put at may be recovered from the disposal of the beneficiaries will have to be recovered, unless this recovery would be contrary to a general principle of EEA lawbeneficiary, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority has decided to open the formal investigation procedure provided for in Article 1(2) in Part I of Protocol 3 to the Surveillance and Court Agreement against Norway regarding the sale various forms of Lista air base and contested funding described in the lease agree- ment between the Norwegian Defence Estates Agency and LILASforegoing at point I.2.1. The Norwegian authorities are requested, pursuant to Article 6(1) in Part II of Protocol 3 to the Surveillance and Court Agree- mentAgreement, to submit their comments on the opening of the formal investigation procedure within one month from the notification of this Decision. xxxxxx The Norwegian authorities are required to provide, within one month from notification of this Decision, all documents, information and data needed for the assessment of the compatibility nature of the aid measure. The EC Commission shall be informed, in accordance funding and its compatibi- lity with Protocol 27(d) the functioning of the EEA Agreement, by means including, in particular, the specific questions raised at points I.2.1(d) and II.1.2(a) and (b) of a copy of this Decisionthe foregoing. Other EFTA States, EC Member States, and interested parties shall be informed of the matter by publishing the publica- tion of this Decision in its authentic language version, accompanied by a meaningful summary in languages other than the authentic language version, in the EEA Section of the Official Journal of the European Union and the EEA Supplement thereto, inviting them to submit comments within one month from the date of publication. This Decision is addressed to the Kingdom of Norway. Only the English version is authentic. Done at Brussels, 6 June 2007. The Norwegian authorities are required to provide within one month from notification of this Decision, all documents, infor-13 December 2006.

Conclusion. Based on the information submitted by the Norwegian authori- tiesauthorities, the Authority cannot exclude the possibility that the measure(s) under scrutiny funds received by the fitness centre at the KLC constitute State aid within the meaning of Article 61(1) of the EEA Agreement. FurthermoreAs explained under Section II.1.2 above, the Authority considers that the funds stemming from Norsk Tipping AS have been granted in accordance with an existing aid scheme, they are not covered by this Decision to open the formal investigation procedure. The Authority has doubts that these measures can be regarded as complying to whether the financing of the fitness centre at the KLC with funds stemming from the municipality of Vefsn, in particular concerning those funds allocated on the basis of the two expansions in 1997 and 2006/07, constitute ‘new aid’, which pursuant to Article 1(3) of Part I of Protocol 3 should have been notified to the Authority prior to its implementation. The Authority has doubts as to whether the aid granted is compatible with the functioning of the EEA Agreement, in accordance with Article 61(359(2) or Article 61(3)(c) of the EEA Agreement. The Authority thus doubts that the above measures are compatible with the functio- ning of the EEA Agreement. Consequently, and in In accordance with Article 10 in 4(4) of Part II of Protocol 3 to the Surveillance and Court Agreement3, the Autho- rity Authority is obliged to open the procedure provided for in Article 1 (21(2) in of Part I of Protocol 3 of the Surveillance and Court Agree- ment3. The decision to open proceedings is without prejudice to the final decision of the Authority, which may conclude that the measures in question do not constitute State aid, are to be classified as existing aid or are compatible with the functioning of the EEA Agreement. In light of the foregoing considerations, the Authority, acting under the procedure laid down in Article 1(2) in of Part I of Protocol 3 to the Surveillance and Court Agreement3, requests invites the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. In light of the foregoing consideration, the Authority requires thatconsiderations, within one month of receipt of this decisionDecision, the Norwe- gian Authority request the Norwegian authorities to provide all documents, information and data needed for assessment of the compatibility of both the sale financing of the air base and fitness centre at the renting out KLC. In particular, the Authority invites the Norwegian authorities to provide detailed information regarding any funding from the county municipality of Nordland to the air base to LILASfitness centre at the KLC, as mentioned under Section II.1.1 of this Decision. It requests invites the Norwegian authorities to forward a copy of this letter Decision to the potential aid recipient of the aid immediately. The Authority would like to remind the Norwegian authorities that, according to the provisions of Protocol 3 to the Surveil- lance and Court Agreement3, any incompatible aid unlawfully put at the disposal of the beneficiaries will have to be recovered, unless this recovery would be contrary to a the general principle of EEA law, (1) See the regional aid maps of assisted areas for Norway registered in the Authority’s Decision No 327/99/COL of 16.12.1999 and Decision No 226/06/COL of 19.7.2006. (2) For any aid granted after 1 January 2007, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority has decided to open Chapter of the formal investigation procedure provided for in Article 1(2) in Part I of Protocol 3 Authority’s guidelines on National Regional Aid 2007-13. For aid granted before that date, reference must be made to the Surveillance and Court Agreement against Norway regarding the sale of Lista air base and the lease agree- ment between the Norwegian Defence Estates Agency and LILAS. The Norwegian authorities are requested, pursuant to Article 6(1) in Part II of Protocol 3 to the Surveillance and Court Agree- ment, to submit their comments on the opening provisions of the formal investigation procedure within one month from the notification Chapter on National Regional Aid adopted by Decision No 319/98/COL of this Decision. xxxxxx and data needed for the assessment of the compatibility of the aid measure. The EC Commission shall be informed, in accordance with Protocol 27(d) of the EEA Agreement, by means of a copy of this Decision. Other EFTA States, EC Member States, and interested parties shall be informed by publishing this Decision in its authentic language version, accompanied by a meaningful summary in languages other than the authentic language version, in the EEA Section of the Official Journal of the European Union and the EEA Supplement thereto, inviting them to submit comments within one month from the date of publication. This Decision is addressed to the Kingdom of Norway. Only the English version is authentic. Done at Brussels, 6 June 2007. The Norwegian authorities are required to provide within one month from notification of this Decision, all documents, infor-4.11.1998.

Conclusion. Based on the information submitted by the Norwegian authori- tiesauthorities, the Authority cannot exclude the possibility preliminary concludes that the measure(sadditional payments to the Hurtigruten companies (reimbursement of the NOx tax/NOx Fund contribution, a general compensation payment of NOK 66 million in 2008 as well as the release in winter of one of the 11 ships allocated to the route) under scrutiny constitute State aid within the meaning of Article 61(1) of the EEA Agreement. Furthermore, the The Authority has doubts that these measures can be regarded as complying comply with Article 59(2) or Article 61(3) of the EEA Agreement, in conjunction with the requirements laid down in the Authority’s State Aid Guidelines on Maritime Transport and/or Guidelines on rescuing and restructuring firms in difficulty. The Authority thus Authority, therefore, doubts that the above measures are compatible with the functio- ning functioning of the EEA Agreement. Consequently, and in accordance with Article 10 in 4(4) of Part II of Protocol 3 to the Surveillance and Court Agreement3, the Autho- rity Authority is obliged to open the formal investigation procedure provided for in Article 1 (21(2) in of Part I of Protocol 3 of the Surveillance and Court Agree- ment3. The decision to open proceedings a formal investigation procedure is without prejudice to the final decision of the Authority, which may conclude that the measures in question are compatible with the functioning of the EEA Agreement. In light of the foregoing considerations, the Authority, acting under the procedure laid down in Article 1(2) in of Part I of Protocol 3 to the Surveillance and Court Agreement3, requests invites the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. In light of the foregoing consideration, the Authority requires thatconsiderations, within one month of receipt of this decision, the Norwe- gian Authority request the Norwegian authorities to provide all documents, information and data needed for assessment of the compatibility of both the sale of the air base and the renting out of the air base to LILASrevised Hurtigruten Agreement. It The Authority requests the Norwegian authorities to forward a copy of this letter decision to the potential aid recipient of the aid immediately. The Authority would like to must remind the Norwegian authorities that, according to the provisions Article 14 of Part II of Protocol 3 to the Surveil- lance and Court Agreement3, any incompatible aid unlawfully put at the disposal of granted to the beneficiaries will have to be recovered, unless (exceptionally) this recovery would be contrary to a general principle principal of EEA law, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority has decided to open the formal investigation procedure provided for in Article 1(2) in of Part I of Protocol 3 is opened into the additional payments to Hurtigruten (reimbursement of the NOx tax/NOx Fund contribution, a general compensation payment of NOK 66 million in 2008 as well as the release in winter of one of the 11 ships allocated to the Surveillance and Court Agreement against Norway regarding the sale of Lista air base and the lease agree- ment between route) implemented by the Norwegian Defence Estates Agency and LILASauthorities. The Norwegian authorities are requestedinvited, pursuant to Article 6(1) in of Part II of Protocol 3 to the Surveillance and Court Agree- ment3, to submit their comments on the opening of the formal investigation procedure within one month from the notification of this Decision. xxxxxx The Norwegian authorities are requested to provide within one month from notification of this decision, all documents, information and data needed for the assessment of the compatibility of the aid measure. The EC Commission shall be informed, in accordance with Protocol 27(d) of the EEA Agreement, by means of a copy of this Decision. Other EFTA States, EC Member States, and interested parties shall be informed by publishing this Decision in its authentic language version, accompanied by a meaningful summary in languages other than the authentic language version, in the EEA Section of the Official Journal of the European Union and the EEA Supplement thereto, inviting them to submit comments within one month from the date of publication. This Decision is addressed to the Kingdom of Norway. Only the English language version of this decision is authentic. Done at Brussels, 6 June 2007. The Norwegian authorities are required to provide within one month from notification of this Decision, all documents, infor-on 14 July 2010.

Conclusion. Based on an assessment of the information submitted by the Norwegian authori- tiesIcelandic authorities, the Authority cannot exclude the possibility that the measure(s) under scrutiny Mortgage Loan Scheme appears to constitute State aid within the meaning of Article 61(1) of the EEA Agreement. Furthermore, the Authority has doubts that these measures the Mortgage Loan Scheme can be regarded as complying with Article 61(361(3)(b) of the EEA Agreement, in combination with the requirements laid down in the IAG. The Authority thus doubts that the above measures are Mortgage Loan Scheme is compatible with the functio- ning functioning of the EEA Agreement. Consequently, and in accordance with Article 10 in 4(4) of Part II of Protocol 3 to the Surveillance and Court Agreement3, the Autho- rity Authority is obliged to open the procedure provided for in Article 1 (21(2) in of Part I of Protocol 3 of the Surveillance and Court Agree- ment3. The decision to open proceedings is without prejudice to the final decision of the Authority, which may conclude that the measures in question are compatible with the functioning of the EEA Agreement. In light of the foregoing considerations, the Authority, acting under the procedure laid down in Article 1(2) in of Part I of Protocol 3 to 3, invites the Surveillance and Court Agreement, requests the Norwegian Icelandic authorities to submit their comments within one month of the date of receipt of this Decision. In light of the foregoing consideration, the Authority requires thatconsiderations, within one month of receipt of this decision, the Norwe- gian Authority request the Icelandic authorities to provide all documents, information and data needed for assessment of the compatibility of both the sale transfer of mortgage loans secured against collateral in residential property from financial undertakings to the HFF. (1) See paragraph 48 et seq. of the air base IAG. (2) In some cases the Commission required the plans to be submitted within three months. (3) See the chapter on ‘Return to viability and the renting out assessment of restructuring measures in the financial sector in the current crisis under the State aid rules’, under the State Aid Guidelines on the Authority’s home page. (4) This table outlines good practices in presenting information of the air base bank’s activities related to LILASthe impaired assets that would feed into the viability review for cases of individual aid granting, but could be applied per analogy also to schemes. It requests the Norwegian authorities The Authority invites Iceland to forward a copy of this letter decision to the any potential recipient aid recipients of the aid immediately. The Authority would like to remind the Norwegian Icelandic authorities that, according to the provisions of Protocol 3 to the Surveil- lance and Court Agreement3, any incompatible aid unlawfully put at the disposal of the beneficiaries will have to be recovered, unless this recovery would be contrary to a the general principle principal of EEA law, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority has decided to open initiate the formal investigation procedure provided for in Article 1(2) in of Part I of Protocol 3 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court Agreement against Norway of Justice regarding the sale scheme on the transfer of Lista air base and mortgage loans secured against collateral in residential property from financial undertakings to the lease agree- ment between the Norwegian Defence Estates Agency and LILASHousing Financing Fund. The Norwegian Icelandic authorities are requestedinvited, pursuant to Article 6(1) in of Part II of Protocol 3 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court Agree- mentof Justice, to submit their comments on the opening of the formal investigation procedure within one month from the notification of this Decision. xxxxxx The Icelandic authorities are requested to provide within one month from notification of this decision, all documents, information and data needed for the assessment of the compatibility of the aid measure. The EC Commission shall be informed, in accordance with Protocol 27(d) of the EEA Agreement, by means of a copy of this Decision. Other EFTA States, EC Member States, and interested parties shall be informed by publishing this Decision in its authentic language version, accompanied by a meaningful summary in languages other than the authentic language version, in the EEA Section of the Official Journal of the European Union and the EEA Supplement thereto, inviting them to submit comments within one month from the date of publication. This Decision is addressed to the Kingdom Republic of NorwayIceland. Only the English version is authentic. Done at Brussels, 6 June 2007. The Norwegian authorities are required to provide within one month from notification of this Decision, all documents, infor-10 March 2010.

Conclusion. Based on the information submitted by the Norwegian authori- ties, the Authority cannot exclude the possibility that the measure(s) under scrutiny constitute aid measure constitutes aid within the meaning of Article 61(1) of the EEA Agreement. Furthermore, the Authority has doubts that these measures the measure can be regarded as complying with Article 61(361(3)(c) of the EEA Agreement. The Authority thus doubts that the above measures are noti- fied measure is compatible with the functio- ning functioning of the EEA Agreement. Consequently, and in accordance with Article 10 in 4(4) of Part II of Protocol 3 to the Surveillance and Court Agreement, the Autho- rity is obliged to open the procedure provided for in Article 1 (2) in of Part I of Protocol 3 of the Surveillance and Court Agree- ment. The decision to open proceedings is without prejudice to the final decision of the Authority, which may conclude that the measures measure in question are is compatible with the functioning of the EEA Agreement. In light of the foregoing considerations, the Authority, acting under the procedure laid down in Article 1(2) in of Part I of Protocol 3 to the Surveillance and Court Agreement, requests the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. In light of the foregoing consideration, the Authority requires that, within one month of receipt of this decisionDecision, the Norwe- gian Norwegian authorities provide all documents, information and data needed for assessment of the compatibility of both the sale of the air base and the renting out of the air base to LILAS. It requests the Norwegian authorities to forward a copy of this letter to the potential recipient of the aid immediately. The Authority would like to remind the Norwegian authorities that, according to the provisions of Protocol 3 to the Surveil- lance and Court Agreement, any incompatible aid unlawfully put at the disposal of the beneficiaries will have to be recovered, unless this recovery would be contrary to a general principle of EEA lawnotified scheme concerning tax benefits for cooperative companies, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority has decided to open the formal investigation procedure provided for in Article 1(2) in of Part I of Protocol 3 to the Surveillance and Court Agreement against Norway regarding the sale of Lista air base and the lease agree- ment between the Norwegian Defence Estates Agency and LILASproposed scheme concerning tax benefits for cooperative companies. The Norwegian authorities are requested, pursuant to Article 6(1) in of Part II of Protocol 3 to the Surveillance and Court Agree- ment, to submit their comments on the opening of the formal investigation procedure within one month from the notification of this Decision. xxxxxx The Norwegian authorities are invited to provide within one month from notification of this Decision, all documents, information and data needed for the assessment of the compatibility of the aid measure. The EC Commission shall be informed, in accordance with Protocol 27(d) of the EEA Agreement, by means of a copy of this Decision. Other EFTA States, EC Member States, and interested parties shall be informed by publishing this Decision in its authentic language version, accompanied by a meaningful summary in languages other than the authentic language version, in the EEA Section of the Official Journal of the European Union and the EEA Supplement thereto, inviting them to submit comments within one month from the date of publication. This Decision is addressed to the Kingdom of Norway. Only the English version is authentic. Done at Brussels, 6 June 19 December 2007. The Protocol 3 to the Surveillance and Court Agreement, requests the Norwegian authorities are required to provide submit their comments within one month from notification of the date of receipt of this Decision, all documents, infor-. (1) COM(2004) 18 of 23 February 2004.

Conclusion. Based on the information submitted by the Norwegian authori- ties, the Authority cannot exclude has doubts as to whether the possibility that the measure(s) under scrutiny constitute measures in favour of Mesta AS involve State aid within the meaning of Article 61(1) of the EEA Agreement. Furthermore, Agreement and whether the Authority has doubts that these measures can may be regarded considered as complying compatible with Article 61(361(2) of the EEA Agreement. The Authority thus doubts that the above measures are compatible with the functio- ning or (3) of the EEA Agreement. Consequently, and in accordance with Article 10 in 4(4) of Part II of Protocol 3 to the Surveillance and Court Agreement, the Autho- rity is obliged to open the procedure provided for in Article 1 (2) in of Part I of Protocol 3 of the Surveillance and Court Agree- ment. The decision to open proceedings is without prejudice to the final decision of the Authority, which may conclude that the measures in question are compatible with the functioning of the EEA AgreementAgreement or do not involve State aid at all. In light of the foregoing considerations, the Authority, acting under the procedure laid down in Article 1(2) in of Part I of Protocol 3 to the Surveillance and Court Agreement, requests the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. In light of the foregoing consideration, the Authority requires that, within one month of receipt of this decision, the Norwe- gian Norwegian authorities provide all documents, information and data needed for assessment of the compatibility measures in favour of both the sale of the air base Mesta AS and the renting out of the air base to LILAS. It requests the Norwegian authorities to forward a copy of this letter to the potential aid recipient of the aid immediately. The Authority would like to remind the Norwegian authorities that, according to the provisions of Protocol 3 to the Surveil- lance and Court Agreement, any incompatible aid unlawfully put at the disposal of the beneficiaries will have to be recovered, unless this recovery would be contrary to a general principle of EEA lawimme- diately, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority has decided to open the formal investigation procedure provided for in Article 1(2) in of Part I of Protocol 3 to the Surveillance and Court Agreement against Norway regarding the sale restructuring and reorganisation measures in favour of Lista air base Mesta AS, the contribution of assets and the lease agree- ment between transfer of transitional contracts to Mesta AS as well as the Norwegian Defence Estates Agency exemption of Mesta AS from paying document duty and LILASregist- ration fee. The Norwegian authorities are requested, pursuant to Article 6(1) in of Part II of Protocol 3 to the Surveillance and Court Agree- ment, to submit their comments on the opening of the formal investigation procedure within one month from the notification of this Decision. xxxxxx The Norwegian authorities are required to provide within one month from notification of this decision, all documents, infor- mation and data needed for the assessment of the compatibility of the aid measure. The EC Commission shall be informed, in accordance with Protocol 27(d27 (d) of the EEA Agreement, by means of a copy of this Decision. Other EFTA States, EC Member States, and interested parties shall be informed by the publishing of this Decision in its authentic language version, accompanied by a meaningful summary in languages other than the authentic language version, in the EEA Section of the Official Journal of the European Union Communities and the EEA Supplement thereto, inviting them to submit comments within one month from the date of publicationpublica- tion. Done at Brussels, 18 July 2007. This Decision is addressed to the Kingdom of Norway. Only the English version is authentic. Done at Brussels, 6 June 2007. The Norwegian authorities are required to provide within one month from notification of this Decision, all documents, infor-.

Conclusion. Based on the information submitted by the Norwegian authori- tiesauthorities, the Authority canhas doubts as to whether or not exclude the possibility that the measure(s) under scrutiny constitute SDO has received unlawful State aid within the meaning of Article 61(1) of the EEA AgreementAgreement in the context of the transaction regarding the sale of a plot of land. Furthermore, the The Authority has moreover doubts that these measures this State aid can be regarded as complying with Article 61(361(3)(c) of the EEA Agreement. The Authority thus doubts that the above measures are compatible with the functio- ning of the EEA Agreement. Consequently, and in accordance with Article 10 in 4(4) of Part II of Protocol 3 to the Surveillance and Court Agreement3, the Autho- rity Authority is obliged to open the procedure provided for in Article 1 (21(2) in of Part I of Protocol 3 of the Surveillance and Court Agree- ment3. The decision to open proceedings is without prejudice to the final decision of the Authority, which may conclude that the measures in question do not constitute State aid or are compatible with the functioning of the EEA Agreement. In light of the foregoing considerations, the Authority, acting under the procedure laid down in Article 1(2) in of Part I of Protocol 3 to the Surveillance and Court Agreement3, requests invites the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. In light of the foregoing consideration, the Authority requires that, within Within one month of receipt of this decisionDecision, the Norwe- gian Authority request the Norwegian authorities to provide all documents, information and data needed for assessment of the compatibility of both the sale of the air base and the renting out of the air base to LILASsaid transaction. It requests invites the Norwegian authorities to forward a copy of this letter Decision to the potential recipient of the aid SDO immediately. The Authority would like to remind the Norwegian authorities that, according to the provisions of Protocol 3 to the Surveil- lance and Court Agreement3, any incompatible aid unlawfully put at the disposal of the beneficiaries will have to be recovered, unless this recovery would be contrary to a the general principle principles of EEA law, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority has decided to open the formal investigation procedure provided for in Article 1(2) in of Part I of Protocol 3 to the Surveillance and Court Agreement against Norway regarding is opened into the sale of Lista air base and the lease agree- ment between the Norwegian Defence Estates Agency and LILASplot of land gbnr 271/8 in Oppdal, by Oppdal municipality. The Norwegian authorities are requestedinvited, pursuant to Article 6(1) in of Part II of Protocol 3 to the Surveillance and Court Agree- ment3, to submit their comments on the opening of the formal investigation procedure within one month from the notification of this Decision. xxxxxx . (1) The Decision is available at xxxx://xxx.xxxxxxxx.xxx/?0=0&xxxxXxxxXX=00000&0=0 (2) The Guidelines are available at xxxx://xxx.xxxxxxxx.xxx/?0=0&xxxxXxxxXX=00000&0=0 The Norwegian authorities are requested to provide within one month from notification of this Decision, all documents, information and data needed for the assessment of the compatibility of the aid measure. The EC Commission shall be informed, in accordance with Protocol 27(d) of the EEA Agreement, by means of a copy of this Decision. Other EFTA States, EC Member States, and interested parties shall be informed by publishing this Decision in its authentic language version, accompanied by a meaningful summary in languages other than the authentic language version, in the EEA Section of the Official Journal of the European Union and the EEA Supplement thereto, inviting them to submit comments within one month from the date of publication. This Decision is addressed to the Kingdom of Norway. Only the English version is authentic. Done at Brussels, 6 June 2007. The Norwegian authorities are required to provide within one month from notification of this Decision, all documents, infor-3 November 2010.