1999/184/ECSC: Commission Decision of 29 July 1998 on aid granted by Germany to the companies Sophia Jacoba GmbH and Preussag Anthrazit GmbH for 1996 and 1997 (notified under document number C(1998) 2476) (Only the German text is authentic)

• Articles: 6

Article 1

The aid amounting to DEM 3,75 million to Sophia Jacoba GmbH and DEM 9,8 million to Preussag Anthrazit GmbH granted by Germany pursuant to Decision 96/560/ECSC was used improperly in breach of that Decision.

Article 2

The aid of DEM 70.2 million to the coal industry paid by Germany for 1997 in anticipation of a Commission decision pursuant to Articles 3 and 4 of Decision No 3632/93/ECSC, namely operating aid of DEM 58,2 to Preussag Anthrazit GmbH pursuant to Article 3 of the Decision and aid of DEM 12 million to Sophia Jacoba GmbH pursuant to Article 4 of the Decision, is hereby authorised.

Aid of DEM 6,8 million paid by Germany to Preussag Anthrazit GmbH in anticipation of a Commission decision was used improperly in breach of Decision No 3632/93/ECSC.

Article 3

Germany shall recover the amounts referred to in Article 1 and the second paragraph of Article 2 from the beneficiary companies.

Repayment shall be made in accordance with the procedures and rules of German law concerning liabilities to the State, with interest at the reference rate used in the assessment of regional aid, from the time the aid was paid until repayment in full.

Article 4

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

Article 5

When making the annual statement of aid actually paid in accordance with this Decision, Germany shall supply all the information pursuant to Article 9(3) of Decision No 3632/93/ECSC which is necessary in order to verify the criteria of Articles 3 and 4 of that Decision and to verify compliance with the present Decision.

Article 6

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 29 July 1998.

For the Commission

Monika WULF-MATHIES

Member of the Commission

(1) OJ L 329, 30. 12. 1993, p. 12.

(2) OJ C 258, 23. 8. 1997, p. 2.

(3) OJ L 297, 30. 12. 1972, p. 45.

(4) The classification of sized anthracite ranges from a particle size of 5/12 mm (Nuß V, grains) to a particle size of 45/74 mm (large nuts). The category Nuß IV corresponds to a particle size from 10/15 to 14/22 mm. The designation Nuß II relates to a particle size from 30/50 mm to 35/55 mm.

(5) Preussag Anthrazit, company report October 1994/September 1995, p. 13.

(6) Sophia Jacoba GmbH, company report 1995, p. 5.

(7) Preussag Anthrazit, company report October 1995/September 1996, p. 13.

(8) OJ L 244, 25. 9. 1996, p. 15.

(9) BGBl. 1995 I, p. 1638.

(10) Annual accounts and notifications of deposit, Annex to the Federal Gazette No 85 of 8 May 1998.

(11) Issued by the General Association of the German Coal Industry.

(12) OJ 6, 4. 5. 1953, p. 109/53.

(13) OJ L 184, 4. 7. 1981, p. 7.

(14) [1994] ECR I-1209.

(15) [1993] ECR- I-2097.

(16) OJ L 324, 2. 12. 1998, p. 30.