2003/194/EC: Commission Decision of 30 October 2002 on the State aid implemented by Germany for Schmitz-Gotha Fahrzeugwerke GmbH (notified under document number C(2002) 2145) (Text with EEA relevance)

• Articles: 4

Article 1

An amount of EUR 1,12 million of the aid which Germany has granted to Schmitz-Gotha Fahrzeugwerke GmbH is incompatible with the common market.

Article 2

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

Recovery shall be effected without delay and in accordance with the procedures of German law, provided that they allow the immediate and effective execution of this 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, 30 October 2002.

For the Commission

Mario Monti

Member of the Commission

(1) OJ C 211, 28.7.2001, p. 15.

(2) See footnote 1.

(3) Business Secret replaced by "(...)*".

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

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

(6) OJ C 68, 6.3.1996, p. 9.

(7) See footnote 3.

(8) Paragraphs 217 and 10 of the Sozialgesetzbuch III (German social law code).

(9) Investitionszulage für die neuen Bundesländer, SG(96) D 3794, 11.4.1996 (N 494/A/95).

(10) OJ C 273, 9.9.1997, p. 3.

(11) See footnote 7. See also Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (OJ L 10, 13.1.2001, p. 30).

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