97/450/EC: Commission Decision of 4 December 1996 concerning State aid in favour of Bestwood E.F. Kynder GmbH i. GV (Only the German text is authentic) (Text with EEA relevance)
Data as of 2026-07-04 Β· Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Β· Read the official text β
The State aid in the form of a long-term loan of DM 5 million and the 'risk exemption` (guarantee) amounting to DM 25 million for Bestwood E.F. Kynder GmbH is unlawful since it was granted by the Land Mecklenburg-Vorpommern without Germany complying with its obligation to inform the Commission under Article 93 (3) of the EC Treaty before it was granted. The aid is incompatible with the common market within the meaning of Article 92 (1) of the EC Treaty.
Germany shall ensure that the aid to Bestwood E.F. Kynder GmbH referred to in Article 1 is recovered within two months of the date of notification of the decision. The recovery of the aid shall be made in accordance with the procedures and provisions of German law, in particular those concerning recovery of amounts owed to the State, and include interest from the date of grant of the aid on the basis of the reference rate applying on that date for the calculation of the net grant equivalent of regional aid in the Federal Republic of Germany. These provisions are to be applied in such a way that the recovery required by Community law is not rendered practically impossible. Any procedural or other difficulties in regard to the implementation of the measure shall not have any influence on its effectiveness.
Germany shall inform the Commission within two months from the notification of this Decision of the measures taken to comply with it.
This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 4 December 1996. For the Commission Karel VAN MIERT Member of the Commission (1) OJ No L 107, 30. 4. 1996, p. 4. (2) OJ No C 368, 23. 12. 1994, p. 12. (3) OJ No C 144, 16. 5. 1996, p. 6. (4) OJ No L 273, 25. 10. 1994, p. 22. (5) Commission communication of 24 November 1983 in OJ No C 318, 24. 11. 1983, p. 3. See also judgements of the Court of Justice in Case 70/72 Commission v. Germany [1973] ECR 813 and Case 310/85 Deufil v. Commission [1987] ECR 901. (6) Letter from the Commission to the Member States SG(91) D/4577 of 4 March 1991; see also note 7. (7) Case C-142/87 Belgium v. Commission [1990] ECR I-959 (paragraphs 58-63).
Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.