The repeal envisaged by Germany in the 25th outline plan for the joint Federal Government/Länder programme for improving regional economic structures ('the 25th outline plan`) of the provisions rendering large firms ineligible for aid for intangible property is incompatible with the common market in so far as it concerns firms that do not meet the definition of small and medium-sized enterprises.
Germany is not entitled to apply the 25th outline plan in the form envisaged.
Germany shall inform the Commission, within two months of being notified of this decision, of the measures taken to comply therewith.
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 6 May 1998.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ C 291, 4.10.1996, p. 4.
(2) OJ C 111, 4.11.1971, p. 1.
(3) OJ C 213, 23.7.1996, p. 4.
(4) OJ C 74, 10.3.1998, p. 9.
(5) COM(95) 688 final.
(6) OJ C 45, 17.2.1996, p. 5.
(7) OJ C 212, 12.8.1988, p. 2.
(8) OJ C 35, 4.2.1997, p. 6.
(9) See footnote 2.
(10) See footnote 4.
(11) COM(93) 700 final.
(12) Point 2(3)(b).
(13) Intangible investments, impact on competition and scale effects', The Single Market Review, Volume 2 of subseries V, European Commission, 1998.
(14) See footnote 13.