The extended rescue loan of ATS 15 million granted by Austria to Actual Maschinenbau AG is unlawful inasmuch as it was made available at the end of July 1997 before the Commission had stated its position. The aid is, moreover, incompatible with the common market because none of the criteria pursuant to Article 92(2) and (3) of the EC Treaty or Article 61(2) and (3) of the EEA Agreement are satisfied.
Austria is hereby required to ensure that the rescue loan referred to in Article 1 is repaid. The loan shall be repaid in accordance with the procedures and provisions of Austrian law, with interest, at a percentage rate corresponding to the reference rate used to calculate the net grant equivalent of regional aid in Austria, payable from the date on which the aid was granted until the date on which it is actually repaid.
Austria shall inform the Commission within two months of the date of notification of this Decision of the measures taken to comply therewith.
This Decision is addressed to the Republic of Austria.
Done at Brussels, 1 July 1998.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ L 107, 30.4.1996, p. 4.
(2) OJ C 390, 23.12.1997, p. 11.
(3) OJ C 68, 6.3.1996, p. 9.
(4) OJ C 368, 23.12.1994, p. 12.
(5) OJ C 45, 17.2.1996, p. 5.
(6) [1990] ECR I-959, at paragraph 66.
(7) [1990] ECR I-307, at paragraph 22.