2001/825/EC: Commission Decision of 25 July 2001 on State aid C 67/99 (ex NN 148/98) implemented by Germany for the Dampfkesselbau Hohenturm group, Germany (Text with EEA relevance) (notified under document number C(2001) 2382)

Decision · 4 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

The Commission notes that Germany has withdrawn its notification as regards the planned DEM 3 million guarantee for the Dampfkessel Hohenturm group.

Article 2

The ad hoc restructuring aid in the form of: (a) a DEM 5 million grant by the Bundesanstalt für vereinigungsbedingte Sonderaufgaben (BvS); (b) an extension by the BvS of the deadline by which the investors were to have redeemed its guarantee; (c) the modification to the BvS' guarantee in December 1998 whereby Dampfkessel's creditors can have a direct claim against the BvS, and (d) a DEM 825000 capital participation by the Land of Saxony-Anhalt, which Germany granted to the Dampfkessel Hohenturm group in 1998 and 1999 is compatible with the common market.

Article 3

1. The restructuring plan shall be fully implemented. All appropriate measures shall be taken to ensure that the plan is implemented. 2. Implementation of the plan shall be monitored on the basis of annual reports communicated by Germany to the Commission. 3. If the conditions laid down in this Article are not met, the derogation may be withdrawn.

Article 4

This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 25 July 2001. For the Commission Mario Monti Member of the Commission (1) OJ C 379, 31.12.1999, p. 4. (2) OJ L 83, 27.3.1999, p. 1. (3) State aid N 729/96; Commission letter dated 27.12.1996 (SG (96) D/11702). (4) See footnote 1. (5) According to the case law of the Court of Justice and the Court of First Instance of the European Communities, the term "undertaking" in competition law must be understood as designating an economic unit even if that economic unit consists of several natural or legal persons (Case 170/83 Hydrotherm v Compact [1984] ECR 2999 and Case T-234/95 DSG Dradenauer Stahlgesellschaft v Commission [2000] ECR II-2603, at 124). (6) See footnote 3. (7) See footnote 14. (8) State aid N 768/94, "Third Treuhand regime" approved by Commission letter SG(95) D/1062 of 1.2.1995. (9) By the Commission Decision referred to in footnote 3. (10) In its communication dated 15.2.2001, Germany confirms that this would have been legally possible. (11) Case C-342/96 Spain v Commission [1999] ECR I-2459, at 46, and Case C-256/97 DMT [1999] ECR I-3913, at 24. (12) In its communication dated 15.2.2001. (13) In its communication dated 27.1.2000. (14) State aid N 337/97, Commission letter SG(97) D/6876 of 12.8.1997. (15) See Section 7 of the Commission's approval in state aid case N 337/97. (16) OJ C 368, 23.12.1994. These guidelines were revised in 1999 (OJ C 288, 9.10.1999, p. 2). The 1999 version does not apply to the present case because the aid measures were granted prior to its publication (see Section 7 of the 1999 guidelines). (17) See footnote 10 to the 1999 guidelines. (18) The 1999 guidelines are explicitly more flexible as regards the principle that aid should normally be granted only once where the restructuring operations in eastern Germany notified before the end of 2000 are concerned. (19) See Section 3.2.3. of the 1994 guidelines. (20) See Section 3.2.4. of the 1994 guidelines.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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