5On 11 December 2002, the Commission adopted Decision 2003/372/EC on aid granted by Greece to Olympic Airways (OJ 2003 L 132, p. 1; ‘the Decision of 11 December 2002’), in which it declared incompatible with the common market the restructuring aid to OA which had been approved during 1994, 1998 and 2000 and certain new unlawful aid. As regards the restructuring aid, that decision was based, in particular, on the finding that most of the objectives of the 1998 plan for restructuring OA to restore its viability in the medium and long terms had not been achieved and the conditions accompanying the decisions of approval had not been fully complied with. Under Article 3 of the Decision of 11 December 2002, the Hellenic Republic was required to recover part of the restructuring aid paid, in a sum of EUR 41 million, as well as the new unlawful aid declared incompatible with the common market.
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