The aid of DEM 4 million from the Lower Saxony Economic Assistance Fund and the aid of DEM 4 million from the Federal Foundation for the Environment have been granted unlawfully to Riedel-de Haën AG, Seelze, and are not compatible with the common market.
Germany shall take the necessary measures to recover the aid paid to Riedel-de Haën AG or its successor. If this proves impossible, Germany shall take the necessary measures to recover the aid specified in Article 1 from Riedel-de Haën GmbH.
The aid shall be recovered in accordance with the procedures and rules of German law. Interest shall be payable on the sums recovered from the time when they were granted until actual repayment is made. The rate shall be that used by the Commission during the period in question to calculate the net 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.
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 22 December 1998.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) In appropriate contexts, "Riedel-de Haën" should be understood as referring to Riedel-de Haën GmbH.
(2) "Waste disposal problems for Riedel", Landkreis-Zeitung West, 11 October 1989.
(3) OJ C 72, 10.3.1994, p. 3.
(4) OJ C 385, 19.12.1997, p. 9.
(5) *
(6) *
(7) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk.
(8) OJ C 83, 11.4.1986, p. 2.
(9) The 17th Order for the implementation of the Federal Law on emission protection for incinerators for waste and similar combustible materials.
(10) OJ L 206, 22.7.1992, p. 1.
(11) OJ L 107, 30.4.1996, p. 4.
(12) Law of 18 July 1990 on the establishment of the Federal Foundation for the Environment, BGBI. 1, p. 1448.
(13) "Study of the transferability of the plant developed by Riedel-de Haën AG., Seelze for the recovery of residues", by Professor Hesse, Hanover, 9 September 1993.
(14) In this connexion, see also Part 4.5 of this Decision
(15) [1990] ECR I-307, paragraph 22.