98/665/EC: Commission Decision of 25 February 1998 concerning aid awarded by Germany to HIBEG and by HIBEG via Krupp GmbH to Bremer Vulkan AG, facilitating the sale of Krupp Atlas Elektronik GmbH from Krupp GmbH to Bremer Vulkan AG [notified under document number C(1998) 582] (Only the German text is authentic) (Text with EEA relevance)

• Articles: 3

Article 1

Aid in favour of Bremer Vulkan AG totalling DEM 126 million, granted within the context of the acquisition of 74,9 % of the capital of Krupp Atlas Elektronik GmbH through Hanseatische Industrie-Beteiligungen GmbH, is unlawful, since it was granted in breach of the procedural rules laid down in Article 93(3) of the EC Treaty. Furthermore, the aid is also incompatible with the common market purusant to Article 92(1) of the Treaty, since it does not meet any of the conditions for exemption provided for in Article 92(2) and (3) of the Treaty.

Article 2

1. Germany shall ensure that the aid of DEM 126 million to Bremer Vulkan AG referred to in Article 1 is fully recovered and paid to Hanseatische Industrie-Beteiligungen GmbH within two months of the notification of this Decision.

2. Germany shall recover the amount of aid referred to in Article 1, in accordance with the procedures and provisions of national law, in particular those relating to interest on arrears payable on State claims, with interest running from the date on which the unlawful aid was granted.

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

Article 3

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 25 February 1998.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ C 171, 7.7.1992, p. 3.

(2) OJ L 185, 28.7.1993, p. 43.

(3) [1996] ECR I-5151.

(4) OJ L 380, 31.12.1990, p. 27.

(5) OJ L 351, 31.12.1994, p. 10.

(6) OJ L 69, 12.3.1987, p. 55.

(7) [1990] ECR I-307, paragraph 22.