
Article 1 
The capital injection of January 2007 does not constitute aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.
Article 2 
The state aid measure in favour of Elan in the form of a capital increase of EUR 10 million in 2008 was unlawfully put into effect by Slovenia in breach of Article 108(3) of the Treaty on the Functioning of the European Union and is incompatible with the internal market.
Article 3 

1. Slovenia shall recover the aid referred to in Article 2 from the beneficiary Elan.
2. The sum to be recovered shall bear interest from the date on which it was put at the disposal of the beneficiary (8 September 2008) until its actual recovery.
3. The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004.
4. Slovenia shall cancel all outstanding payments of the aid referred to in Article 2 with effect from the date of adoption of this Decision.
Article 4 

1. Recovery of the aid referred to in Article 2 shall be immediate and effective.
2. Slovenia shall ensure that this decision is implemented within four months following the date of notification of this Decision.
Article 5 

1. Within two months following notification of this Decision, Slovenia shall submit the following information to the Commission:
(a) the total amount (principal and recovery interests) to be recovered from the beneficiary;
(b) a detailed description of the measures already taken and planned to comply with this Decision;
(c) documents demonstrating that the beneficiary has been ordered to repay the aid.
2. Slovenia shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 2 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiary
Article 6 
This Decision is addressed to the Republic of Slovenia.
Done at Brussels, 19 September 2012.
For the Commission
Joaquín ALMUNIA
Vice-President