1999/139/EC: Commission Decision of 22 April 1998 on aid granted by Germany to SHB Stahl- und Hartgußwerke Bösdorf AG (notified under document number C(1998) 1325) (Only the German text is authentic) (Text with EEA relevance)

• Articles: 4

Article 1

The following restructuring aid measures granted by Germany to SHB Stahl- und Hartgußwerke Bösdorf AG are incompatible with the common market in accordance with Article 92(1) of the EC Treaty and Article 61(1) of the EEA Agreement and does not meet any of the conditions for a derogation or exemption under Article 92(2) and (3) of the EC Treaty or Article 61(2) and (3) of the EEA Agreement:

(a) the equity holding of DEM 5 million from the Consolidation Fund of Saxony,

(b) the non-repayable grant of DEM 4,5 million and the loan of DEM 1,5 million in respect of which it was decided that repayments should be deferred.

Article 2

Germany shall take appropriate measures to ensure repayment of the aid granted illegally. The amount to be repaid shall bear interest from the date on which the aid was granted at a rate equal to the reference rate used for calculating the net grant equivalent of regional aid in Germany applicable on that date.

Aid shall be recovered in accordance with the procedures and provisions of German law. The applicable provisions shall be applied in such a way as not to make repayment impossible.

Article 3

Germany shall inform the Commission within two months of the date of notification of this Decision of the measures which it has taken to comply with this Decision.

Article 4

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 22 April 1998.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) Aid N 743/95, letter SG(96) D/5958 of 28 June 1996.

(2) OJ C 368, 23. 12. 1994, p. 12.

(3) OJ C 165, 31. 5. 1997, p. 10.

(4) OJ L 323, 26. 11. 1997, p. 29.