2002/898/EC: Commission Decision of 9 April 2002 on the State aid implemented by Germany for SKL Motoren- und Systembautechnik GmbH (notified under document number C(2002) 1342) (Text with EEA relevance)

• Articles: 5

Article 1

The State aid which Germany has implemented for SKL Motoren- und Systemtechnik GmbH, amounting to EUR 34,26 million (DEM 67,017 million), is incompatible with the common market.

Article 2

The procedure initiated in respect of the measure notified by Germany on 22 March 2000 and concerning an asset deal between SKL Motoren- und Systembautechnik GmbH and MTU Motoren- und Turbinen-Union Friedrichshafen GmbH is hereby closed.

Article 3

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

2. Of the amount mentioned in Article 1, EUR 2,71 million (DEM 5,30 million) shall be recovered jointly and severally from SKL Motoren- und Systemtechnik GmbH and MTU Motoren- und Turbinen-Union Friedrichshafen GmbH.

3. Recovery shall be effected 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 4

Germany shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.

Article 5

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 9 April 2002.

For the Commission

Mario Monti

Member of the Commission

(1) OJ C 27, 27.1.2001, p. 5.

(2) See footnote 1.

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

(4) OJ L 107, 30.4.1996, p. 4; see in particular the Annex (Article 1(1) and (6)).

(5) R& D costs of DEM 252 million; a 3 % licensing fee on SKL-M's total turnover in the relevant products over a period of 25 years (total expected turnover of DEM 3,6 billion).

(6) Panorama of EU Industry 1999.

(7) On 28 March 2001 the Commission took a partly negative decision in respect of aid granted to Lintra and its subsidiaries. Germany was required to recover DEM 34,978 million from Lintra and its subsidiaries. The incompatible aid granted to SKL-M totalled DEM 8,41 million.

(8) OJ C 368, 23.12.1994, p. 12. These guidelines were revised in 1999 (OJ C 288, 9.10.1999, p. 2). The 1999 version of the guidelines does not apply because all the aid measures were granted prior to publication of the 1999 guidelines (see Section 7 of the 1999 version).