2002/821/EC: Commission decision of 15 January 2002 on the State aid implemented by Germany for Pollmeier GmbH, Malchow (Text with EEA relevance.) (notified under document number C(2001) 4447)

• Articles: 4

Article 1

The State aid which Germany has implemented for Pollmeier GmbH, Malchow, amounting to EUR 3650860 is incompatible with the common market.

Article 2

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

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 beneficiary 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, 15 January 2002.

For the Commission

Mario Monti

Member of the Commission

(1) OJ C 166, 9.6.2001, p. 5.

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

(3) Italy v Commission [1994] ECR I-4635.

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

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

(6) See footnote 1.

(7) OJ C 166, 12.6.1999, p. 9.

(8) SG (98) D 12438, 30.12.1998.

(9) Pursuant to Article 10(3) of Regulation (EC) No 659/1999 and the judgment in Case C-47/91, Italy v Commission [1994] ECR I-4635.

(10) See Judgment of the Court of Justice of 14.11.1984 in Case 323/82 Intermills v Commission [1984] ECR 3809.

(11) OJ L 395, 30.12.1989, p. 1, revised version in OJ L 257, 21.9.1990, p. 13.

(12) OJ L 180, 9.7.1997, p. 1.

(13) OJ C 66, 2.3.1998 p. 25.

(14) [1994] ECR II-121.

(15) 27th framework plan, Investment Allowance Law, ERP resources.

(16) This is the definition of an SME given in Article 1(1) of the Annex to the recommendation.

(17) Judgment of 14.11.1984 in Case 323/82 Intermills v Commission [1984] ECR, 3809.

(18) Position of Germany in Case 41/2001, State aid for Klausner Nordic Timber GmbH & Co KG.

(19) State aid C 17/2000 for Solar Tech Sprl. Commission Decision of 15.11.2000.

(20) State aid N 613/96, approved by decision of the Commission on 18 December 1996, OJ C 288, 23.9.1997, p. 3.

(21) OJ C 74, 10.3.1998, p. 9.

(22) OJ L 10, 13.1.2001, p. 33.