1999/380/EC: Commission Decision of 3 February 1999 concerning State aid granted by Germany to Spindelfabrik Hartha GmbH (notified under document number C(1999) 326) (Text with EEA relevance) (Only the German text is authentic)

• Articles: 4

Article 1

The aid of DEM 7028000 granted by Germany to Spindelfabrik Hartha GmbH is incompatible with the common market. The aid consists of a grant of DEM 1750000 from the Federal Office for Special Unification-Related Tasks (BvS), a loan of DEM 1000000 from the BvS, a contribution of DEM 3000000 from the State of Saxony, a total guarantee of DEM 1250000 from the Sächsische Aufbaubank and a saving of DEM 28000 in interest.

Article 2

1. Germany shall take all necessary measures to recover from the firm in question the aid referred to in Article 1, which has already been granted.

2. The aid shall be recovered in accordance with the procedures of German law. Interest shall be charged from the date the aid was granted to the beneficiary until the date of recovery, at the rate used for calculating the net grant equivalent of regional aid.

Article 3

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

Article 4

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 3 February 1999.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ C 224, 17.7.1998, p. 6.

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

(3) This was owing to several factors, including liabilities of DEM 1979800 when the investors took over the company, the collapse of a large contract in 1995, and the need to open up new markets because of the loss of east European ones.

(4) State aid E 15/92. The thresholds for this arrangement are 1500 workers and DEM 150 million in financial liabilities vis-à-vis the Treuhandanstalt. The guarantee is covered by the arrangement and does not have to be notified.

(5) See Panorame of EU Industry 1997,Chapter 13, p. 54.

(6) State aid N 117/95, which was authorised by the Commission by letter dated 5 May 1995.

(7) N 73/93, E 16/94.

(8) OJ C 368, 23.12.1994, p. 12.

(9) This figure is taken from a statement of the assets and liabilities of the company at 1 August 1997, which was submitted by the receiver. There is no complete set of books for 1997.