The following aid granted by the Treuhandanstalt and its successor, the Bundesanstalt fΓΌr vereinigungsbedingte Sonderaufgaben, to SKET SMM is unlawful inasmuch as Germany failed to comply with its obligation under Article 93 (3) of the EC Treaty to inform thereof the Commission in good time:
(a) the provision of counter-guarantees at an interest rate of 0,25 % a year instead of 3 % a year, taking into account any premiums paid;
(b) the waiver of DM 80,3 million of debt in order to cover losses for 1994;
(c) the waiver of an investment loan of DM 31,8 million in 1995;
(d) the waiver of a liquidity loan of DM 65,6 million for 1994;
(e) the waiver of a second liquidity loan for 1994 of DM 91,7 million;
(f) a liquidity loan of DM 156,8 million to cover losses for 1995;
(g) a liquidity loan of DM 20 million granted at the end of 1995;
(h) liquidity loans of DM 75 million granted in 1996;
(i) grants totalling DM 80 million awarded in 1996.
The aid is incompatible with the common market within the meaning of Article 92 (1) of the EC Treaty and Article 61 (1) of the EEA Agreement and is covered by none of the provisions for exceptions and exemptions in Article 92 (2) and (3) of the EC Treaty and Article 61 (2) and (3) of the EEA Agreement.
Germany is required to recover in full the aid referred to in Article 1 within two months of the date of notification of this Decision. The amount to be repaid shall bear interest from the date on which the aid was granted, in accordance with the provisions on the payment of interest on arrears in the case of liabilities to the State, at the rate applied in calculating the net grant equivalent of regional aid in the Federal Republic of Germany.
Repayment shall be made in accordance with the procedures and provisions of German law. The claim for repayment shall not be treated less favourably than claims resulting from acts of the German authorities. The present provisions are to be applied in such a way that the repayment required by the Community is not rendered impossible. Any procedural or other difficulties in regard to the implementation of the measure shall not have any influence on its lawfulness.
Germany shall inform the Commission within two months from the date of notification of this Decision of the measures it has taken to comply with this Decision.
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 26 June 1997.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ C 215, 19. 8. 1995, p. 8.
(2) OJ C 298, 9. 10. 1996, p. 2.
(3) OJ C 368, 23. 12. 1994, p. 12.
(4) Panorama of EU Industry, Short-term supplement 2/1996, p. 47.
(5) See also Commission Decision N 107/96 on construction financing guarantees.
(6) See the Commission notice on the de minimis rule for State aid, OJ C 68, 6. 3. 1996, p. 9.
(7) Case C-364/90 Italy v. Commission [1993] ECR I-2097, paragraph 20.
(8) Commission communications in OJ C 318, 24. 11. 1983, p. 3, and OJ C 156, 27. 6. 1995, p. 5. See also Case 70/72 Commission v. Germany [1973] ECR 813 and Case 310/85 Deufil v. Commission [1987] ECR 901.
(9) Commission letter to the Member States SG(91) D/4577 of 4 March 1991 and Case C-142/87 Belgium v. Commission [1990] ECR I-959.
(10) Belgium v. Commission, see above, paragraphs 58-63.
