1999/157/EC: Commission Decision of 22 April 1998 on State aid for Triptis Porzellan GmbH (in liquidation), Thuringia (notified under document number C(1998) 1324) (Only the German text is authentic) (Text with EEA relevance)

• Articles: 4

Article 1

Both the loan of DEM 8 million (plus interest) granted by the Bundesanstalt vereinigungsbedingter Sonderaufgaben and the 90 % guarantee provided by Thuringia to Triptis Porzellan GmbH (in several instalments) for loans totalling DEM 26,75 million (aid amount - DEM 24,075 million) are unlawful since they were granted without the Commission having first been notified in accordance with Article 93(3) of the EC Treaty.

In accordance with Article 92(1) of the EC Treaty and Article 61(1) of the EEA Agreement, the aid is incompatible with the common market, since it meets none of the conditions contained in those Articles under which an exemption or derogation can be granted.

Article 2

Germany shall ensure that the aid referred to in Article 1 is reclaimed and repaid in full within two months of the date of notification of this Decision.

The aid shall be recovered in accordance with the procedures and provisions of German law, and in particular the rules on default interest on claims governed by public law, and includes interest on the aid which starts to run from the date on which it was granted until it is repaid, with the rate applied being the reference rate used to calculate the net grant equivalent of regional aid in Germany.

These provisions shall be applied in such a way that the recovery required by Community law is not rendered practically impossible. Any procedural or other difficulties in regard to the implementation of the measure shall not have any influence on its lawfulness.

Article 3

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

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) OJ C 250, 15. 8. 1997, p. 3.

(2) E15/92 (not published): of the total DEM 34,71 million in waived loans, DEM 19,26 million was intended to safeguard liquidity, DEM 7,25 million was for investment purposes and DEM 8,2 million to cover losses. As the company did not reach the thresholds laid down by the Treuhandregime of 1 500 employees and DEM 150 million in financial liabilities, individual notification was not necessary.

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

(4) N 123/97.

(5) OJ C 307, 13. 11. 1993, p. 3.

(6) OJ L 273, 25. 10. 1994, p. 22.

(7) Richtlinie für die Übernahme von Bürgschaften und Garantien zugunsten der Wirtschaft und der freien Berufe durch den Freistaat Thüringen (Programme for taking over guarantees in favour of business and the liberal professions by Thuringia) of 18 June 1992. As the Commission explicitly stated in its letter, in the approval of the next guarantee programme in 1996, no account was taken of its predecessors: SG(96)D/11031.

(8) At no time during the proceedings did Thuringia refer to this legal basis.

(9) Commission communication of 24 November 1983 (OJ C 318, 24. 11. 1983, p. 3).

(10) Letter from the Commission to the Member States SG(91) D/4577 of 4 March 1991.

(11) ECR [1990] I-959 (paragraphs 58 to 63).