95/422/ECSC: Commission Decision of 4 April 1995 concerning State aid that the Freistaat Bayern, a regional authority of the Federal Republic of Germany, intends to grant to the ECSC steel undertakings Neue Maxhütte Stahlwerke GmbH, Sulzbach-Rosenberg, and Lech- Stahlwerke GmbH, Meitingen-Herbertshofen (Only the German text is authentic) (Text with EEA relevance)

• Articles: 3

Article 1

The intended contribution of DM 125,7 million to cover past losses, and the intended contribution of up to DM 56 million to cover the costs of certain investments to the ECSC steel undertaking Neue Maxhuette Stahlwerke GmbH, Sulzbach-Rosenberg, and also the intended contribution of DM 20 million to cover past losses of the ECSC steel undertaking Lech-Stahlwerke GmbH, Meitingen-Herbertshofen, constitute State aid prohibited pursuant to the provisions of the ECSC Treaty and not permissible pursuant to Decision No 3855/91/ECSC; such aid shall therefore not be granted.

Article 2

Germany shall inform the Commission, within two months of being notified of this Decision, of the measures taken to comply therewith.

Article 3

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 4 April 1995.

For the Commission Karel VAN MIERT Member of the Commission

(1) Court of Justice Cases C 40/85, Belgium v. Commission, [1986] ECR, p. 2321, 2345; C 303/84, Italy v. Commission, [1991] ECR I, p. 1433, 1476; Commission Decision No 3855/91/ECSC of 27 November 1991 (OJ No L 362, 31. 12. 1991, p. 57) fifth paragraph under II and Commission communication to Member States concerning public undertakings (OJ No C 307, 13. 11. 1993, p. 3, paragraphs 10 to 21).

(2) Italian Republic v. Commission, [1991] ECR I, p. 1433, 1476, paragraphs 21 and 22.

(1) See Decision No 3855/91/ECSC of 27 November 1991, paragraph 5 under II.