1999/663/EC: Commission Decision of 9 December 1998 on State aid granted by Germany to Maschinenfabrik Sangerhausen (Samag) (notified under document number C(1998) 4274) (Text with EEA relevance) (Only the German text is authentic)

• Articles: 4

Article 1

Under Article 92(1) of the EC Treaty and Article 61(1) of the EEA Agreement, the State aid paid by Germany to Maschinenfabrik Sangerhausen GmbH i.K. (Samag) in the form of grants amounting in all to over DEM 2,0 million is not compatible with the common market or the functioning of the EEA Agreement.

Article 2

1. Germany shall take the necessary steps to recover from the recipient enterprise the State aid specified in Article 1.

2. The recovery shall be carried out in accordance with the procedures and provisions of German law. Interest shall be payable from the date of payment to the date of actual recovery, at a rate equal to the reference rate used to calculate the net grant equivalent of regional aid.

Article 3

Germany shall inform the Commission within two months of 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, 9 December 1998.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ C 262, 7.10.1995, p. 16.

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

(3) Implementing Order of the BfA of 11 October 1989, which has been upheld by the Federal Social Court in its settled case-law.