96/178/ECSC: Commission Decision of 18 October 1995 on State aid that Bavaria granted to the ECSC steel undertaking Neue Maxhütte Stahlwerke GmbH, Sulzbach- Rosenberg (Only the German text is authentic) (Text with EEA relevance)

• Articles: 4

Article 1

The amount of DM 49,895 million granted as loans by Bavaria in ten tranches between March 1993 and August 1994 to the ECSC steel undertaking Neue Maxhütte Stahlwerke GmbH, Sulzbach-Rosenberg, constitutes State aid incompatible with the common market and prohibited under the provisions of the ECSC Treaty and Decision No 3855/91/ECSC.

Article 2

Germany shall recover the aid from the recipient company. Repayment shall be made in accordance with the procedures and provisions of German law with interest, based on the interest rate used as reference rate in the assessment of regional aid schemes, starting to run on the date on which the aid was granted.

Article 3

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

Article 4

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 18 October 1995.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No L 362, 31. 12. 1991, p. 57.

(2) See Bulletin EC 5-1995, point 1.3.55.

(3) OJ No C 208, 12. 8. 1995, p. 4.

(4) OJ No C 229, 2. 9. 1995, p. 21.

(5) OJ No C 173, 8. 7. 1995, p. 3.

(6) Not yet published in the Official Journal, see IP(95) 780.

(7) See: 18th Report on Competition Policy (1988), point 198, p. 163.

(8) Commission Decision of 23 December 1992, see Bulletin EC 12-1992, point 1.3.78.

(9) For a detailed description of this case, see the Commission Decision of 23 December 1992, Bulletin EC 12-1992, point 1.3.78.

(10) See Court of Justice, Case C-40/85, Belgium v. Commission, [1986] ECR 2321, p. 2345; Case C-303/88, Italy v. Commission, [1991] ECR I 1433, p. 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 the Commission Communication to Member States concerning public undertakings, OJ No C 307, 13. 11. 1993, p. 3, paragraphs 10-21.

(11) Italy v. Commission, [1991] ECR I-1603 ('Alfa Romeo`).

(12) OJ No C 368, 31. 12. 1994, p. 12.