1999/142/EC: Commission Decision of 25 February 1998 on development aid granted by Germany for the construction of a dredger sold to Indonesia (notified under document number C(1998) 583) (Only the German text is authentic) (Text with EEA relevance)

• Articles: 4

Article 1

The aid granted by Germany for the construction of the dredger KK Aru II by Volkswerft Stralsund and its sale to Rukindo is incompatible with the common market since it has been misused in breach of the approval given by the Commission in its letter SG(94) D/6533. The aid cannot be considered to be genuine development assistance within the meaning of Article 4(7) of Directive 90/684/EEC.

Article 2

Germany shall revoke the aid referred to in Article 1 and shall ensure that it is recovered. Recovery shall be made in accordance with the procedures and provisions of German law with interest, based on the interest rate used as reference rate in the assessment of regional aid schemes, running from the date on which the aid was granted until such time as it is actually recovered.

Article 3

Germany shall inform the Commission, within two months of the date of notification of this Decision, of the measures taken to comply therewith.

Article 4

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 L 380, 31. 12. 1990, p. 27.

(2) OJ L 332, 30. 12. 1995, p. 1.

(3) OJ L 351, 23. 12. 1997, p. 18.

(4) OJ C 192, 24. 6. 1997, p. 9.

(5) Commission letters to Member States SG(89) D/311 and SG(97) D/4341.

(6) [1994] ECR I-4701, at paragraph 21.

(7) Letter SG(94) D/6533.