2002/185/EC: Commission Decision of 12 June 2001 on State aid implemented by Germany for Technische Glaswerke Ilmenau GmbH, Germany (Text with EEA relevance) (notified under document number C(2001) 1549)

• Articles: 4

Article 1

The State aid which Germany has implemented for Technische Glaswerke Ilmenau GmbH in the form of a waiver of DEM 4000000 of the purchase price agreed in the context of asset deal 1 concluded on 26 September 1994 is incompatible with the common market.

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 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 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, 12 June 2001.

For the Commission

Mario Monti

Member of the Commission

(1) OJ C 217, 29.7.2000, p. 10.

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

(3) See footnote 1.

(4) See Panorama of EU Industry 1997, Volume 1, Chapter 9, and Report of the Standing Committee of the EC Glass Industries (CPIdV) 1998, and Annual Report 1999 of Bundesverband Glasindustrie und Mineralfaserindustrie.

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

(6) OJ C 213, 23.7.1996, p. 4.

(7) THA scheme E 15/92 SG(92) D/17613 of 8 December 1992.

(8) THA scheme N 768/94 SG(95) D/1062 of 1 February 1995.

(9) N 562/c/94, SG(94) D/17293 of 1 December 1994.

(10) N 157/94, SG(94) D/11038 of 1 August 1994. Measures under this provision qualify as regional investment aid under Article 87(1) of the EC Treaty and have been approved by the Commission on the basis of the exception in Article 87(3)(a) of the EC Treaty.

(11) N 494/A/95, SG(95) D/17154 of 27 December 1995. Measures under the Act qualify as regional investment aid under Article 87(1) of the EC Treaty and have been approved by the Commission on the basis of the exception in Article 87(3)(a) of the EC Treaty.

(12) Case C-342/96 Spain v Commission [1999] ECR I-2459, paragraph 41.

(13) NN 74/95, SG(96) D/1946 of 6 February 1996.

(14) Point 7.5 of the 1999 Community guidelines on State aid for rescuing and restructuring firms in difficulty (notice to Member States including proposals for appropriate measures) states that "the Commission will examine the compatibility with the common market of any rescuing and restructuring aid granted without its authorisation ... on the basis of the guidelines in force at the time the aid is granted ..." (OJ C 288, 9.10.1999, p. 2).