1999/365/EC: Commission Decision of 14 October 1998 on a proposal by Austria to grant aid to LiftgmbH (notified under document number C(1998) 3212) (Text with EEA relevance) (Only the German text is authentic)

• Articles: 3

Article 1

The proposal by Austria to grant aid in the form of an ATS 25 million (ECU 1,8 million) soft loan from the ERP Fund for direct foreign investment by LiftgmbH, Wohlfurth, in China is incompatible, pursuant to Article 92(1) of the EC Treaty, with the common market and, pursuant to Article 61(1) of the EEA Agreement, with the functioning of that Agreement.

The aid may accordingly not be granted.

Article 2

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

Article 3

This Decision is addressed to the Republic of Austria.

Done at Brussels, 14 October 1998.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) In determining the grant equivalent of the soft loan, the Commission applied the reference interest rate currently applicable to Austria of 5,96 %.

(2) OJ L 96, 11.4.1997, p. 15.

(3) OJ L 107, 30.4.1996, p. 4.

(4) OJ C 109, 8.4.1998, p. 8.

(5) [1990] ECR, I-959, paragraph 35.

(6) OJ L 96, 11.4.1997, p. 15.

(7) OJ L 96, 11.4.1997, p. 15.

(8) See the judgment of the Court of Justice in Case 730/79 Philip Morris [1980] ECR, p. 2671, paragraph 17.