Europese Commissie start onderzoek staatssteun Roemeense producent landbouwmachineproducent (en)

The European Commission has opened a formal investigation under EC Treaty state aid rules into possible aid in the context of the privatisation of tractor producer Tractorul and its sale to Flavus Investments SRL in July 2007. The Commission has also required Romania to suspend the -granting of any unlawful aid until the Commission takes a decision on the compatibility of the aid. The Romanian authorities attached specific conditions to the privatisation, in particular the maintenance of the current activity for 10 years and the rehiring of former employees of Tractorul. The Commission has to verify whether these conditions resulted in a lower sales price than if the privatisation had been unconditional, in which case there could be some element of state aid. The opening of an investigation gives interested parties the possibility to comment on the measures under examination. It does not prejudge the outcome of the procedure.

Tractorul is a producer of tractors and other agricultural devices, situated in Bra?ov, Romania. Due to large losses and high debts, the company went into voluntary liquidation under the authority of the Romanian privatisation agency AVAS. Currently, no production takes place. During the voluntary liquidation, a viable activity was identified and sold by public tender in July 2007. The tender was won by Flavus Investments SRL.

AVAS attached specific conditions to the privatisation contract. In particular, the successful bidder had to maintain the current activity for 10 years and had to give priority to (re)hiring of former employees of Tractorul.

The Commission believes that the privatisation of Tractorul through a tender subject to these and other conditions might have resulted in a lower sales price than in the case of an unconditional tender and could therefore involve state aid. The conditions attached to the tender would ensure, inter alia, that a certain level of economic activity would be maintained. The aid would therefore support that economic activity Furthermore, if the sales price was below the market value because the specific conditions attached to the privatisation limited the number of potential buyers, the successful bidder would also have obtained an advantage. In both cases, the advantages would have been paid for by the revenue that the state had foregone from the sale.