Common use of Conclusion Clause in Contracts

Conclusion. Based on the information submitted by the Norwegian authorities, the Authority cannot exclude the possibility that the aid measures referred to above in Part II, Sections 3.1 and 3.2 of this decision 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)(c) of the EEA Agreement. The Authority thus doubts that the above measures are compatible with the functioning of the EEA Agreement. Consequently, and in accordance with 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 Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. Moreover, the Authority requests the Norwegian authorities, within one month of receipt of this decision, to provide all documents, information and data needed for the assessment of the compatibility of the two measures examined here above. The Norwegian authorities are invited to forward a copy of this 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, 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 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 against Norway regarding (i) the payment of an ad hoc aid of NOK 36 000 000 to Norsk Film AS for the upgrading of infrastructure and (ii) the application of the preferential tax treatment to Norsk Film AS, Norsk FilmStudio AS and ScanCam AS. The Norwegian authorities are invited, pursuant to Article 6(1) of Part II of Protocol 3, 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 requested to provide within one month from notification of this Decision, all documents, information and data needed for assessment of the compatibility of the aid measure. This Decision is addressed to the Kingdom of Norway. Only the English version is authentic. Done at Brussels, 2 december 2009.

Conclusion. Based on the information submitted by the Norwegian authorities, the Authority cannot exclude the possibility possibi- lity that the aid measures referred to above in Part II, Sections 3.1 and 3.2 of this decision 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(3)(c) of the EEA AgreementEEA. The Authority Autho- rity thus doubts that the above said measures are compatible with the functioning of the EEA Agreement. Consequently, and in accordance with Article 4(4) of in Part II of Protocol 33 to the Surveillance and Court Agree- ment, the Authority is obliged to open the procedure provided for in Article 1(2) of in Part I of Protocol 3that 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) of in Part I of Protocol 33 to the Surveillance and Court Agreement, invites requests that the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. MoreoverFurthermore, the Authority requests the Norwegian authoritiesrequires that, within one month of receipt of this decisionDecision, to the Norwegian authorities provide all documents, information and data needed for the assessment of the compatibility nature of the two measures examined here abovecontested funding and its compatibility with the functioning of the EEA Agreement, including, in particular, the specific questions raised at points I.2.1(d) and II.1.2(a) and (b). The It requests that the Norwegian authorities are invited to forward a copy of this decision letter to the potential aid recipient recipients of the aid funding immediately. The Authority would like to remind also draw the attention of the Norwegian authorities to the fact that Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement constitutes a standstill obligation and that Article 14 in Part III of that Protocol provides that, according to in the provisions event of Protocol 3a negative decision, any incompatible 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 the general principal of lawbeneficiary, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority has decided to open the formal investigation procedure provided for in Article 1(2) of in Part I of Protocol 3 to the Surveillance and Court Agreement against Norway regarding (i) the payment various forms of an ad hoc aid of NOK 36 000 000 to Norsk Film AS for contested funding described in the upgrading of infrastructure and (ii) the application of the preferential tax treatment to Norsk Film AS, Norsk FilmStudio AS and ScanCam ASforegoing at point I.2.1. The Norwegian authorities are invitedrequested, pursuant to Article 6(1) of in Part II of Protocol 33 to the Surveillance and Court Agreement, 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 requested required to provide 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 measurefunding and its compatibi- lity with the functioning of the EEA Agreement, including, in particular, the specific questions raised at points I.2.1(d) and II.1.2(a) and (b) of the foregoing. Other EFTA States, EC Member States, and interested parties shall be informed of the matter by 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, 2 december 200913 December 2006.

Conclusion. Based on the information submitted by the Norwegian authoritiesauthori- ties, the Authority cannot exclude the possibility that has doubts whether the aid measures referred to above in Part II, Sections 3.1 and 3.2 of this decision constitute measure(s) 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(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 functioning of the EEA Agreement. Consequently, and in accordance with Article 4(4) of Part II of Protocol 33 to the Surveillance and Court Agreement, 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 Autho- 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 33 to the Surveillance and Court Agreement, invites requests the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. MoreoverIn light of the foregoing consideration, the Authority requests the Norwegian authoritiesrequires that, within one month of receipt of this decision, to the Norwegian authorities provide all documents, information and data needed for the assessment of the compatibility of the two measures examined here abovesupport scheme. The It requests the Norwegian authorities are invited to forward a copy of this decision letter to the potential aid recipient recipients of the aid immediately. The Authority would like to remind the Norwegian 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 lawimmedia- tely, 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 (i) the payment of an ad hoc aid of NOK 36 000 000 to Norsk Film AS support scheme for the upgrading of infrastructure alterative, renewable heating and (ii) the application of the preferential tax treatment to Norsk Film AS, Norsk FilmStudio AS and ScanCam ASelectricity savings in private households. The Norwegian authorities are invitedrequested, pursuant to Article 6(1) of Part II of Protocol 33 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 requested required to provide within one month from notification of this Decisiondecision, all documents, information infor- mation and data needed for assessment of the compatibility of the aid measure. This Decision is addressed to the Kingdom of Norway. Only the English version is authentic. Done at Brussels, 2 december 2009.19 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 decision to open proceedings is without prejudice to

Conclusion. Based on the information submitted by the Norwegian authorities, the Authority cannot exclude the possibility preliminary concludes that the aid measures referred additional payments to above the Hurtigruten companies (reimbursement of the NOx tax/NOx Fund contribution, a general compensation payment of NOK 66 million in Part II, Sections 3.1 and 3.2 2008 as well as the release in winter of this decision one of the 11 ships allocated to the route) 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 61(3)(c59(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 functioning of the EEA Agreement. Consequently, and in accordance with Article 4(4) of Part II of Protocol 3, the Authority is obliged to open the formal investigation procedure provided for in Article 1(2) of Part I of Protocol 3. 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) of Part I of Protocol 3, invites the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. Moreover, In light of the Authority requests the Norwegian authoritiesforegoing considerations, within one month of receipt of this decision, the Authority request the Norwegian authorities to provide all documents, information and data needed for the assessment of the compatibility of the two measures examined here aboverevised Hurtigruten Agreement. The Authority requests the Norwegian authorities are invited to forward a copy of this 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, 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 the a general 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) of Part I of Protocol 3 against Norway regarding is opened into the additional payments to Hurtigruten (i) reimbursement of the NOx tax/NOx Fund contribution, a general compensation payment of an ad hoc aid NOK 66 million in 2008 as well as the release in winter of NOK 36 000 000 to Norsk Film AS for the upgrading of infrastructure and (ii) the application one of the preferential tax treatment 11 ships allocated to Norsk Film AS, Norsk FilmStudio AS and ScanCam ASthe route) implemented by the Norwegian authorities. The Norwegian authorities are invited, pursuant to Article 6(1) of Part II of Protocol 3, 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 requested to provide within one month from notification of this Decisiondecision, all documents, information and data needed for assessment of the compatibility of the aid measure. This Decision is addressed to the Kingdom of Norway. Only the English language version of this decision is authentic. Done at Brussels, 2 december 2009on 14 July 2010.