96/631/EC: Commission Decision of 17 July 1996 concerning State aid that the City of Mainz, a local authority of the Federal Republic of Germany, has granted to Grundstücksverwaltungsgesellschaft Fort Malakoff Mainz mbH & Co. KG, a subsidiary of Siemens AG/Siemens Nixdorf Informationssysteme AG (Only the German text is authentic) (Text with EEA relevance)

• Articles: 4

Article 1

The sale of a site in Mainz to Grundstücksverwaltungsgesellschaft Fort Malakoff mbH & Co. KG, a subsidiary of Siemens AG/Siemens Nixdorf Informationssysteme AG, at a purchase price below the market value, represents State aid totalling DM 4 904 725 within the meaning of Article 92 (1) of the EC Treaty. The aid is illegal since it has been granted in breach of Article 93 (3) of the EC Treaty. Furthermore, the aid is incompatible with the common market since it does not meet the conditions for the exceptions provided for in Article 92 (2) and (3) thereof.

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, running from 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, 17 July 1996.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No C 113, 5. 5. 1995, p. 17.

(2) OJ No L 6, 11. 1. 1992, p. 36.

(3) OJ No L 263, 9. 9. 1992, p. 15.

(4) OJ No C 21, 25. 1. 1994, p. 4.

(5) See judgment of the Court of Justice of 14 September 1994 in Cases C-278/92, C-275/92 and C-280/92, Spain v. Commission, [1994] ECR I, p. 4103, paragraph 22.