1999/647/EC: Commission Decision of 16 December 1998 on German aid in favour of Addinol Mineralöl GmbH i.GV and the newly established separate hive-off vehicle Addinol Lube Oil GmbH & Co. KG (notified under document number C(1998) 3867) (Text with EEA relevance) (Only the German text is authentic)

• Articles: 4

Article 1

1. The rescue aid from Germany in favour of Addinol Mineralöl GmbH i.Gv. of DEM 22000000 notified on 28 October 1996 and 9 April 1997 is compatible with the common market.

2. The restructuring aid planned by Germany in favour of Addinol Mineralöl GmbH i.Gv. and Addinol Lube Oil GmbH & Co. KG of DEM 40050000 notified on 1 October 1997 and 18 February 1998 is incompatible with the common market.

3. The restructuring aid from Germany in favour of Addinol Mineralöl GmbH i.Gv. and Addinol Lube Oil GmbH & Co. KG of DEM 7000000 notified on 1 October 1997 and 18 February 1998 is incompatible with the common market.

Article 2

1. Germany shall take the necessary measures to recover from the respective real and final recipients the aid referred to in Article 1(3) and unlawfully made available to them.

2. Recovery shall be effected in accordance with the procedures and provisions of German law. The sums to be recovered shall bear interest from the date on which they were made available to the recipients. Interest shall be calculated on the basis of the reference rate used for calculating the grant-equivalent of regional aids.

Article 3

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

Article 4

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 16 December 1998.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) State aid measure N 783/96, letter of 4 December 1996.

(2) State aid measures N 225/97 and NN 70/97, letter of 20 June 1997.

(3) OJ C 186, 16.6.1998, p. 7.

(4) See decisions of the Commission with regard to the aid regimes of the Treuhandanstalt NN 108/91, E 15/92 and N 768/94.

(5) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in brackets and marked with an asterisk.

(6) This refers to the time span between 1998 and 2002 in which Addinol, according to the restructuring plan, stops refining and selling base oil.

(7) For example, in the case of Blema Kircheis, NN 157/97.

(8) In the notification and in the opening of procedure, the restructuring concept was envisaged to be DEM 60900000. The State aid measures amounted to DEM 59900000 and the investor contribution to DEM 1000000. The investors have since decided to contribute DEM 4000000 more.

(9) A contract (Sanierungsvereinbarung) was concluded between BvS, Addinol Old and Addinol Lube. It deals with the modalities of the aid payments and the obligations of the investors. In the framework of this contract, the Gesamtvollstreckungsverwalter of Addinol Old will contribute DEM 3500000 to the dismantling of the old production facilities.

(10) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in brackets and marked with an asterisk.

(11) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in brackets and marked with an asterisk.