97/753/EC: Commission Decision of 12 March 1997 concerning State aid for Aircraft Services Lemwerder (ASL) (Only the German text is authentic) (Text with EEA relevance)

• Articles: 3

Article 1

Both the capital injection of DM 10 million and the unilateral guarantee - since withdrawn - for DM 60 million, which were provided by the Land of Lower Saxony to Aircraft Services Lemwerder GmbH (ASL), constitute illegal aid because they were not notified to the Commission before being granted, in breach of Article 93 (3) of the EC Treaty.

However, they satisfy the criteria laid down in the Community guidelines on State aid for rescuing and restructuring firms in difficulty and are therefore compatible with the common market within the meaning of Article 92 (3) (c) of the EC Treaty and Article 61 (3) (c) of the EEA Agreement, on condition that Germany refrain until 31 December 2001 from granting ASL any ad hoc aid to finance capacity-enhancing projects or to cover any losses incurred by it.

Article 2

Germany shall inform the Commission, within two months of the notification of this Decision, of the measures it has taken to comply herewith.

Article 3

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 12 March 1997.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ C 368, 23. 12. 1994, p. 12.

(2) OJ C 295, 10. 11. 1995, p. 17.

(3) Application of Articles 92 and 93 of the EEC Treaty to public authorities' holdings (EC Bulletin 9-1984).

(4) Application of Articles 92 and 93 of the EEC Treaty and of Commission Directive 80/723/EEC to public undertakings in the manufacturing sector (OJ C 307, 13. 11. 1993, p. 3).