2001/673/EC: Commission Decision of 28 March 2001 on State aid implemented by Germany for EFBE Verwaltungs GmbH & Co. Management KG (now Lintra Beteiligungsholding GmbH, together with Zeitzer Maschinen, Anlagen Geräte GmbH; LandTechnik Schlüter GmbH; ILKA MAFA Kältetechnik GmbH; SKL Motoren- und Systembautechnik GmbH; SKL Spezialapparatebau GmbH; Magdeburger Eisengießerei GmbH; Saxonia Edelmetalle GmbH and Gothaer Fahrzeugwerk GmbH) (Text with EEA relevance) (notified under document number C(2001) 1028)

• Articles: 5

Article 1

Aid amounting to DEM 623,224 million, which was authorised by the Commission for the privatisation and restructuring of the companies Zeitzer Maschinen, Anlagen Geräte GmbH, LandTechnik Schlüter GmbH, ILKA MAFA Kältetechnik GmbH, SKL Motoren-und Systembautechnik GmbH, SKL Spezialapparatebau GmbH, Magdeburger Eisengießerei GmbH, Saxonia Edelmetalle GmbH and Gothaer Fahrzeugwerk GmbH (hereinafter called the Lintra subsidiaries), together with the holding company EFBE Verwaltungs GmbH & Co. Management KG, now Lintra Beteiligungsholding GmbH, was granted in conformity with the decision of 13 March 1996.

Article 2

An amount of DEM 34,978 million, which was authorised by the Commission for the restructuring of the Lintra subsidiaries, has been misused within the meaning of Article 88(2) of the EC Treaty.

Article 3

1. Germany shall take all necessary measures to recover the misused aid referred to in Article 2 totalling DEM 34,978 million from Lintra Beteiligungsholding GmbH and the Lintra subsidiaries.

An amount of DEM 12 million shall be recovered from the subsidiaries as follows:

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The remaining amount of DEM 22,978 million shall be recovered jointly and severally from Lintra Beteiligungsholding GmbH, which shall be liable for the whole amount, and from each of the Lintra subsidiaries up to the following amounts:

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Any amount recovered from Lintra Beteiligungsholding GmbH shall reduce the liability of each of the individual Lintra subsidiaries in the same proportions.

2. Recovery shall be effected without delay and in accordance with the procedures of national law provided that they allow the immediate and effective execution of the decision. The aid to be recovered shall include interest from the date on which it was at the disposal of the recipients 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 4

Germany shall inform the Commission within two months of the date of notification of this Decision of the measures taken to comply therewith.

Article 5

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 28 March 2001.

For the Commission

Mario Monti

Member of the Commission

(1) OJ L 83, 27.3.1999, p. 1.

(2) OJ C 238, 21.8.1999, p. 4.

(3) Letter to Germany dated 23 April 1996 (SG(96) D/4218), a brief summary of which was published in OJ C 168, 12.6.1996, p. 10.

(4) See footnote 1.

(5) Judgment of the Court of Justice in Case C-303/88 Italy v Commission [1991] ECR 1-1433, at paragraph 60.