Conclusion. Based on an assessment of the information submitted by the Icelandic authorities, the Mortgage Loan Scheme appears to constitute State aid within the meaning of Article 61(1) of the EEA Agreement. Furthermore, the Authority doubts that the Mortgage Loan Scheme can be regarded as complying with Article 61(3)(b) of the EEA Agreement, in combination with the requirements laid down in the IAG. The Authority thus doubts that the Mortgage Loan Scheme is compatible with the functioning of the EEA Agreement. Consequently, and in accordance Article 4(4) of Part II of Protocol 3, the Authority is obliged to open the procedure provided for in Article 1(2) of Part I of Protocol 3. 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) of Part I of Protocol 3, invites the Icelandic authorities to submit their comments within one month of the date of receipt of this Decision. In light of the foregoing considerations, within one month of receipt of this decision, the Authority request the Icelandic authorities to provide all documents, information and data needed for assessment of the compatibility of the transfer of mortgage loans secured against collateral in residential property from financial undertakings to the HFF.
(1) See paragraph 48 et seq. of the 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 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 bank’s activities related to the impaired assets that would feed into the viability review for cases of individual aid granting, but could be applied per analogy also to schemes. The Authority invites Iceland to forward a copy of this decision to any potential aid recipients of the aid immediately. The Authority would like to remind the Icelandic authorities that, according to the provisions of Protocol 3, any incompatible aid unlawfully put at the disposal of the beneficiaries will have to be recovered, unless this recovery would be contrary to the general principal of law, HAS ADOPTE...
Conclusion. Based on the information submitted by the Norwegian authori- ties, the Authority has doubts as to whether the measures in favour of Mesta AS involve State aid within the meaning of Article 61(1) of the EEA Agreement and whether the measures may be considered as compatible with Article 61(2) or (3) of the EEA Agreement. Consequently, and in accordance Article 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) 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 Agreement 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) 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 Norwegian authorities provide all documents, information and data needed for assessment of the measures in favour of Mesta AS and requests the Norwegian authorities to forward a copy of this letter to the potential aid recipient of the aid imme- diately, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority has decided to open the formal investigation procedure provided for in Article 1(2) of Part I of Protocol 3 to the Surveillance and Court Agreement against Norway regarding the restructuring and reorganisation measures in favour of Mesta AS, the contribution of assets and the transfer of transitional contracts to Mesta AS as well as the exemption of Mesta AS from paying document duty and regist- ration fee. The Norwegian authorities are requested, pursuant to Article 6(1) 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. The Norwegian authorities are required to provide within one month from notification of this decision, all documents, infor- mation and data needed for assessment of the compatibility of the aid measure. The EC Commission shall be informed, in accordance with Protocol 27 (d) of ...
Conclusion. (111) The Authority considers that the compensation awarded by Aust-Agder to the seven bus operators for local scheduled and school bus transport prior to 2004 constitutes State aid within the meaning of Article 61(1) of the EEA Agreement.
Conclusion. (125) The Authority preliminarily concludes that the annual compensation disbursed until 2008 and the 2004 capital injection of NOK 111 760 000 in Oslo constitute aid within the meaning of Article 61(1) of the EEA Agreement.
Conclusion. (144) The Authority concludes that there is an aid scheme in place in Aust-Agder based on the CTA, the CTR, the Act on Education and the administrative practice. The Authority is of the view that scheme was existing in nature at least until the end of 2003, but has doubts as to whether the scheme may have turned into new aid with the introduction of the ALFA method on 1 January 2004.
Conclusion. (164) Based on the information submitted by the Icelandic authorities, the Authority cannot exclude the possibility that the aid measures described above constitute State aid within the meaning of Article 61(1) of the EEA Agreement. The Authority also has doubts as to whether these measures comply with Article 61(3) of the EEA Agreement, in conjunction with the requirements laid down in the Authority’s Regional aid guidelines. The Authority, therefore, doubts that the above measures are compatible with the functioning of the EEA Agreement. (165) Consequently, and in accordance with Article 4(4) in Part II of Protocol 3, the Authority is obliged to open the formal investigation procedure provided for in Article 1(2) in Part I of Protocol 3. The decision to open 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.
Conclusion. (187) Based on the information submitted by the complainant and the Norwegian authorities, the Authority has come to the conclusion that the complainant’s allegations that guarantees provided by AS Sporveisbussene may involve unlawful State aid are unfounded.
Conclusion. (249) ESA preliminarily finds that the PSO compensation system for railway passenger services in Norway constitutes and ‘aid scheme’ within the meaning of Article 1(d) of Part II of Protocol 3.
Conclusion. (419) as set out above, ESa has doubts as to whether the measures constitute existing aid and, in case the measures were considered new aid, as to whether the measures are compatible with the functioning of the EEa agreement.
Conclusion. (82) As set out above, the Authority has formed the preliminary view that the measures fulfil all criteria in Article 61(1) of the EEA Agreement, and therefore constitute state aid. The Authority furthermore has doubts as to whether the measures are compatible with the functioning of the EEA Agreement.