1999/580/ECSC: Commission Decision of 11 November 1998 concerning aid granted by Germany to ESF Elbestahlwerk Feralpi GmbH, Riesa, Saxony (notified under document number C(1998) 3556) (Text with EEA relevance) (Only the German text is authentic)

• Articles: 4

Article 1

The investment grant of DEM 8,173 million, the investment premium of DEM 1,236 million and the guarantee (comprising an aid element) of DEM 12,0 million which Germany granted in 1995 in favour of ESF Elbestahlwerk Feralpi GmbH, Riesa, are incompatible with Decision No 2496/96/ECSC and with the common market in coal and steel.

The aid element of the guarantees covering the operating loans of DEM 7,2 million and DEM 4,8 million granted at the end of 1994 was not authorised and is incompatible with Decision No 2496/96/ECSC and with the common market in coal and steel.

Article 2

Germany shall, acting in accordance with the provisions of German law relating to the recovery of amounts owed to the State, recover the aid paid to ESF Elbestahlwerk Feralpi GmbH. In order to negate the effects of the aid, interest shall be charged on the amount of aid from the date of payment to the date of repayment. The rate shall be that used by the Commission during the period in question to calculate the net grant equivalent of regional aid.

Article 3

Germany shall inform the Commission, within two months of the notification of this Decision, of the measures taken to comply herewith.

Article 4

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 11 November 1998.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ L 338, 18.12.1996, p. 42.

(2) OJ C 51, 18.2.1998, p. 3.

(3) OJ L 362, 31.12.1991, p. 57.

(4) Letter SG(93) D/3322, 1.3.1993.

(5) Letter SG(95) D/0343, 13.1.1995.

(6) [1973] ECR, p. 1471.