97/13/EC: Commission Decision of 26 June 1996 concerning German aid granted to Mercedes-Benz in Ludwigsfelde (Brandenburg) (Only the German text is authentic) (Text with EEA relevance)

• Articles: 6

Article 1

The following aid granted by Germany to Mercedes-Benz AG in respect of investments in Brandenburg in Fahrzeugtechnik Beteiligungsgesellschaft mbH, Ludwigsfelde, Nutzfahrzeuge Ludwigsfelde GmbH, Ludwigsfelde, and Entwicklungsgesellschaft fuer Kraftfahrzeugtechnik mbH, Ludwigsfelde, is compatible with Article 92 (3) (c) of the EC Treaty and Article 61 (3) (c) of the EEA Agreement:

- aid in the form of investment grants (Investitionszuschuesse) of up to DM 15,28 million, of which DM 8,89 million was granted unlawfully before the payments were halted, in the form of investment allowances (Investitionszulagen) of DM 9,08 million, of which DM 8,45 million was granted unlawfully before the payments were halted, and in the form of a special depreciation allowance of DM 1,2 million,

- aid in the form of loss-compensation payments of DM 58,8 million provided by the Treuhandanstalt (THA) and paid unlawfully before the payments were halted,

- aid in the form of part of an investment loan by the THA, the repayment of which THA has forgone in line with the depreciation of the assets in question and which is equivalent to a net payment of DM 39,8 million.

Article 2

Germany shall recover from Mercedes-Benz AG the difference between the purchase price paid by MB to the THA for Fahrzeugbau- und Fahrzeugtechnik Beteiligungsgesellschaft, Ludwigsfelde, and the market value of the company as established by an independent valuation, since this difference of DM 8,595 million represents State aid incompatible with Article 92 (3) (c) of the EC Treaty and Article 61 (3) (c) of the EEA Agreement. The repayment shall include interest charged from the date of the sale, namely 1 January 1994, at the rate applied in Germany in calculating the net grant equivalent of various types of aid with differing objectives.

Article 3

Germany shall refrain from granting any further aid for investments made by Mercedes-Benz as part of the restructuring programme for Fahrzeugbau- und Fahrzeugtechnik Beteiligungsgesellschaft mbH, Ludwigsfelde, Nutzfahrzeuge Ludwigsfelde GmbH, Ludwigsfelde and Entwicklungsgesellschaft fuer Kraftfahrzeugtechnik mbH, Ludwigsfelde.

Article 4

Germany shall submit to, and discuss with, the Commission a final report on the restructuring expenditure at Ludwigsfelde and the aid payments made so as to ensure that the intensity of the restructuring aid does not exceed 51,8 %. The Commission expects this report to be presented by the end of 1996.

Article 5

Germany shall inform the Commission within one month of the notification of this Decision of the measures taken to comply herewith.

Article 6

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 26 June 1996.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No C 68, 17. 3. 1992, p. 8.

(2) OJ No C 123, 18. 5. 1989, p. 3.

(3) Letter SG(91) D/12002 of 9 January 1991.

(4) See footnote 1.

(5) OJ No L 66, 13. 3. 1991, p. 22.

(6) OJ No C 368, 23. 12. 1994, p. 12.

(7) OJ No C 123, 18. 5. 1989, p. 3.