The state aid which Germany has granted in the form of a credit facility in connection with the sale of the dredgers FF Bali II and CD Batang Anai to Pengerukan (Rukindo), Indonesia, has been misused and is incompatible with the common market.
Germany shall recover from the recipient the aid referred to in Article 1.
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 until their actual recovery. Interest shall be calculated on the basis of the reference rate used for calculating the grant-equivalent of regional aid.
Germany shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
Done at Brussels, 3 March 1999.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ L 380, 31.12.1990, p. 27.
(2) OJ L 351, 23.12.1997, p. 18.
(3) OJ C 192, 24.6.1997, p. 9.
(4) See footnote 3.
(5) [1994] ECR I-4701, paragraph 21.
(6) Commission letters to Member States SG(89) D/311 and SG(97) D/4341.