98/251/EC: Commission Decision of 21 May 1997 on the proposal of Austria to award aid to the Hoffmann-La Roche company for the development of the drug 'Orlistat', designed for the treatment of pathological obesity (Only the German text is authentic) (Text with EEA relevance)

• Articles: 6

Article 1

Research and development aid of ATS 300 million which Austria plans to grant to Hoffmann La Roche for the development of the anti-obesity drug Orlistat is not compatible with the common market within the meaning of Article 92(2) and (3). The proposed aid shall, therefore, not be paid.

Article 2

The aid of ATS 39 615 million which Austria proposes to grant to Hoffmann La Roche for additional measures to reduce the risk of accidents in the operation of the plant for hydroxy-beta-lactone in Linz, is not compatible with the common market within the meaning of Article 92(2) and (3). The proposed aid shall, therefore, not be paid.

Article 3

Environmental aid of ATS of 42 796 million to Hoffmann-La Roche for additional measures to prevent water pollution and combat air pollution, in the operation of the plant mentioned in Article 2 is compatible with the common market within the meaning of Article 92(2) and (3).

Article 4

The individual aid of ATS 5 million granted to Chemie Linz towards the retraining of its employees so as to enable them to operate the chemical plant for the production of hydroxy-beta-lactone is illegal on the ground that the scheme under which it was granted was not notified to the EFTA Surveillance Authority, as required by Article 172(5) of the Act of Accession of Austria, Finland and Sweden to the European Union.

Without prejudice to the position of the Commission on the scheme itself, the individual aid to Chemie Linz can be considered compatible with the common market within the meaning of Article 92(2) and (3).

Article 5

The Republic of Austria shall inform the Commission of the measures it has taken to comply with this Decision within two months of the date of its notification.

Article 6

This Decision is addressed to the Republic of Austria.

Done at Brussels, 21 May 1997.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ C 45, 17. 2. 1996, p. 5.

(2) OJ C 168, 12. 6. 1996, p. 2.

(3) OJ C 72, 10. 3. 1994, p. 3.

(4) OJ C 83, 11. 4. 1986, p. 2.

(5) OJ L 231, 3. 9. 1994, p. 1.

(6) OJ C 334, 12. 12. 1995, p. 4.