1999/227/ECSC: Commission Decision of 29 July 1998 on aid granted by the Land of Lower Saxony (Germany) to Georgsmarienhütte GmbH (notified under document number C(1998) 2556) (Only the German text is authentic) (Text with EEA relevance)

• Articles: 4

Article 1

The aid granted by Germany through Niedersächsiche Landesentwicklungsgesellschaft mbH to Georgsmarienhütte GmbH in the amount of DEM 61,64 million was paid unlawfully without prior notification to the Commission, as provided for in Article 6 of Decision No 2496/96/ECSC. The aid is incompatible with the ECSC Treaty and the common market since it does not fulfil any of the conditions for derogation from Article 4 of the ECSC Treaty laid down in Decision No 2496/96/ECSC.

Article 2

Germany shall abolish the aid referred to in Article 1 and require its recovery within two months from the notification of this Decision.

Provided that the sale of the Westerkamp site is cancelled, as announced by Germany in its last letter, the amount of aid to be repaid is reduced by DEM 24,496 million to DEM 37,144 million.

Repayment shall be made in accordance with national procedures and legal provisions with interest, based on the interest rate used as the reference rate in the calculation of the net grant equivalent of regional aid measures at the time when the aid was disbursed, starting to run on the date on which the aid was granted.

Article 3

Germany shall inform the Commission, within two months of being notified of this Decision, of the measures taken to comply therewith and shall provide evidence that the sale of the Westerkamp site to NILEG has been annulled, so that this element can be taken into consideration in the amount of aid to be repaid.

Article 4

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 29 July 1998.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ L 338, 28. 12. 1996, p. 42.

(2) OJ C 323, 24. 10. 1997, p. 4.

(3) OJ L 362, 31. 12. 1991, p. 57.

(4) OJ C 71, 9. 3. 1994, p. 5.

(5) OJ L 257, 27. 10. 1995, p. 37.