2000/21/EC: Commission Decision of 28 July 1999 on state aid granted by the Federal Republic of Germany to Brockhausen Holze GmbH (notified under document number C(1999) 2914) (Text with EEA relevance) (Only the German text is authentic)

• Articles: 4

Article 1

The state aid which Germany has granted to Brockhausen Holze GmbH, Chemnitz, amounting to DEM 5,9728 million, is incompatible with the common market.

The aid consists of the following:

(a) a DEM 1,8 million guarantee from the Land of Saxony,

(b) a dormant equity holding of DEM 2,5 million from the Saxony Consolidation Fund,

(c) a loan of DEM 500000, together with interest of DEM 5800, and

(d) a repayment deferral of DEM 1,167 million.

Article 2

1. Germany shall take all necessary measures to recover from the recipient the aid referred to in Article 1 and unlawfully made available to the recipient.

2. Recovery shall be effected in accordance with the provisions and procedures of German law. The aid to be recovered shall include interest from the date on which the unlawful aid was made available to the recipient until the date of its recovery. Interest shall be calculated on the basis of the reference rate used for calculating the grant equivalent of regional aid.

Article 3

Germany shall inform the Commission, within two months of 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, 28 July 1999.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ C 144, 9.5.1998, p. 15.

(2) In accordance with the judgment of the European Court of Justice given on 13 April 1994 in Joined Cases C-324/90 and C-342/90 Federal Republic of Germany and Pleuger-Worthington V Commission [1994] ECR I-1173.

(3) See footnote 1.

(4) Directive on grants from the Saxony Consolidation Fund for the restructuring of small and medium-sized industrial enterprises under the agreement between the Land of Saxony and the Treuhandanstalt (THA)/Bundesanstalt für vereinigungsbedingte Sonderaufgaben (BvS) of 5 December 1994; state aid scheme N 117/95; Commission approval given by letter dated 5 May 1995 (SG(95) D/5782).

(5) Directive on guarantees for industry and the liberal professions and for agriculture and forestry of 1 September 1993; state aid scheme N 73/93; Commission approval given by letter dated 7 June 1993 (SG(93) D/9273).

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

(7) OJ L 107, 30.4.1996, p. 4.

(8) This would appear to have consisted of the following: 20 % of the DEM 2,3 million loan, i.e. DEM 500000, and DEM 250000 in the form of a shareholder loan.

(9) N 155/88.

(10) 22nd framework plan of the joint Federal Government/Länder scheme for improving regional economic structures.

(11) See footnote 4.

(12) See Panorama of EU Industry 1997, pages 10-41.

(13) Commission communication to the Member States on the application of Articles 92 and 93 of the EC Treaty and of Article 5 of Commission Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings (OJ L 307, 13.11.1993, p. 3).

(14) The BHC balance sheet and profit and loss account for 1996 are not available.

(15) This figure comes from the list of assets and liabilities drawn up by the sequestrator on 18 April 1997. The accounts for 1997 are incomplete.