2002/896/EC: Commission Decision of 30 January 2002 on the State aid implemented by Germany for Gothaer Fahrzeugtechnik GmbH (notified under document number C(2002) 316) (Text with EEA relevance)

• Articles: 2

Article 1

The aid which Germany has implemented for Gothaer Fahrzeugtechnik GmbH, amounting to DEM 3,655 million (EUR 1686711,83), is compatible with the common market within the meaning of Article 87(3)(c) of the EC Treaty.

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 30 January 2002.

For the Commission

Mario Monti

Member of the Commission

(1) OJ C 211, 28.7.2001, p. 2.

(2) See footnote 1.

(3) Community guidelines on State aid for small and medium-sized enterprises, OJ C 213, 23.7.1996, p. 4.

(4) Old Gotha's vehicle production line was bought by Schmitz Cargobull AG and Josef-Koch GmbH for DEM 1. The aid granted in this context is being examined in the context of the investigation of Case No C 31/01, Schmitz-Gotha.

(5) Contract for the bringing-in of assets of 3 November 1997, valid retroactively from 30 September 1997.

(6) Contract for the purchase and assignment of shares of 18 November 1997, valid retroactively from 1 October 1997.

(7) NN 123/97, Joint Federal Government/Länder programme for improving regional economic structures, 26th framework plan, SG(97) D/7104 of 18 August 1997.

(8) NN142/97, Directive of the Land of Thuringia in favour of investments by SMEs, SG(96) D/4313 of 2 June 1998.

(9) N 563/c/94, SG(94) D/17293 of 1 December 1994.

(10) N 494/a/95, Investment Allowance Act, SG(95) D/17154 of 27 December 1995.

(11) European Commission, Panorama of European Business 1999, p. 283.

(12) European Commission, Panorama of European Business 1999, p. 385.

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

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

(15) See Chapter 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), OJ C 288, 9.10.1999, p. 2.

(16) OJ C 209, 10.7.1997, p. 3.

(17) European Commission, "XXIIIrd Report on Competition Policy 1993", 1994, p. 255.

(18) This involved the companies Kässbohrer Fahrzeugwerke, Kögel Fahrzeugwerk AG, Fahrzeugwerk Bernhardt Krone GmbH, Fahrzeugbau Langendorf GmbH & Co. KG and Schmitz Cargobull AG.

(19) Communication on public land sales (see footnote 16), p. 2.

(20) See letter from Germany dated 10 August 2001.

(21) Forensika GmbH Wirtschaftsprüfungsgesellschaft, "Gutachten zur Ermittlung des Liquidationswertes der Gothaer Fahrzeugwerk GmbH zum 1.7.1997", 1997.

(22) See Annex 4 to the evaluation.

(23) This value stems from the new evaluation of old Gotha's commercial balance sheet in the event of the company being broken up; see Annex 1 to the 1997 study.

(24) According to the contract of sale, old Gotha was to ensure, by appropriate means, that only 90 employees would be transferred to Gothas (subsequently Gotha Technik), in accordance with Section 613a of the Civil Code. The reduction of old Gotha's workforce from 316 to 163 seems to have been effected in order to comply with this contractual obligation and is therefore considered a measure preparatory to the takeover.

(25) NN 107/97, Wage cost subsidy - east, SG(98) D/1049 of 6.2.1998.

(26) The same line was taken in Case C 35/2000, Saalfelder Hebezeugbau GmbH; see letter to Germany dated 20 July 2001, SG(2001) D/28991.

(27) This view is borne out by the assessment of the viability criterion in recitals 45 et seq.

(28) Since eligible investment of DEM 5,765 million was carried out until July 2000, the intensity comes to 1,27 %.

(29) The public guarantee and the exemption from liability that are usually provided as security to the banks in such cases were not requested for Gotha Technik.

(30) Since eligible investment of DEM 5,765 million was carried out until July 2000, the intensity comes to 9,93 %.

(31) See footnote 25.

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

(33) OJ L 236, 5.9.2001, p. 3.

(34) No public guarantee or exemption from liability was granted, the loan being secured only by a mortgage on the land in Gotha.