The amount of DM 24,1125 million granted as loans by Bavaria in four tranches between July 1994 and March 1995 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 Commission Decision No 3855/91/ECSC.
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, running from the date on which the aid was granted.
The German Government shall inform the Commission, within two months after being notified of this Decision, about the measures taken to comply with this Decision.
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 13 March 1996.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ No L 362, 31. 12. 1991, p. 57.
(2) OJ No C 173, 8. 7. 1995, p. 3.
(3) OJ No L 253, 21. 10. 1995, p. 22.
(4) Case C/158/95, OJ No C 208, 12. 8. 1995, p. 8.
(5) Case T/129/95, OJ No C 229, 2. 9. 1995, p. 21.
(6) OJ No L 53, 2. 3. 1996, p. 41.
(7) Case C/399/95, OJ No C 77, 16. 3. 1996, p. 5.
(8) Case T/2/96, OJ No C 64, 2. 3. 1996, p. 23.
(9) OJ No C 312, 23. 11. 1995, p. 19.
(10) See Commission Decision of 27 June 1989, 19th Report on Competition Policy (1990), point 75, p. 86; Bulletin EC 6-1989, point 2. 1. 74.
(11) See 18th Report on Competition Policy (1989), point 198, p. 163.
(12) Commission Decision of 23 December 1992, see Bulletin EC 12-1992, point 1. 3. 78.
(13) For a detailed description of this case, see Commission Decision of 4 April 1995, OJ No L 253, 21. 10. 1995, p. 22.
(14) See Court of Justice, C 40/85, Belgium v. Commission, [1986] ECR 2321, p. 2345; C 303/84, Italy v. Commission, [1991] ECR I-1433, p. 1476; Commission Decision No 3855/91/ECSC, OJ No L 362, 31. 12. 1991, p. 57, fifth paragraph under II and Communication of the Commission to the Member States concerning public undertakings, OJ No C 307, 13. 11. 1993, p. 3, paragraphs 10-21.
(15) Italy v. Commission (ENI Lanerossi), [1991] ECR I-1433, p. 1476 at paragraphs 21 and 22.