2002/783/EC: Commission decision of 12 March 2002 on State aid C 62/2001 (ex NN 8/2000) implemented by Germany for Neue Erba Lautex GmbH and Erba Lautex GmbH in bankruptcy (Text with EEA relevance.) (notified under document number C(2002) 944)

• Articles: 4

Article 1

The State aid amounting to EUR 7,834 million (DEM 15,324 million) granted by Germany to the group constituted by the bankrupt Erba Lautex GmbH and its wholly owned subsidiary, Neue Erba Lautex GmbH, is incompatible with the common market.

Article 2

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

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 this Decision. The aid to be recovered shall include interest from the date of its being made available to the recipients to 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 March 2002.

For the Commission

Mario Monti

Member of the Commission

(1) OJ C 310, 7.11.2001, p. 3.

(2) See footnote 1.

(3) Bankruptcy proceedings were initiated on 31 December 1999.

(4) Germany states that Mr Maron, former investor and manager of Erba Lautex GmbH, is no longer in this post.

(5) OJ L 42, 15.2.2000, p. 19.

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

(7) OJ C 288, 9.10.1999, p. 2.

(8) OJ C 71, 11.3.2000, p. 14.

(9) See footnote 7.

(10) Point 7.5 of these Guidelines 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 these guidelines if some of all of the aid is granted after their publication in the Official Journal of the European Communities".

(11) [1997] ECR I-2549.