2003/226/EC: Commission Decision of 24 September 2002 on an aid scheme which the Federal Republic of Germany is planning to implement — "Guidelines on assistance for SMEs — Improving business efficiency in Saxony": Subprogrammes 1 (Coaching), 4 (Participation in fairs), 5 (Cooperation) and 7 (Design promotion) (notified under document number C(2002) 2606) (Text with EEA relevance)
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
The four subprogrammes "Coaching", "Participation in fairs", "Design promotion" and "Cooperation" of the guidelines promoting SMEs - Improving business efficiency (Richtlinien zur Mittelstandsförderung - Verbesserung der unternehmerischen Leistungsfähigkeit) constitute State aid within the meaning of Article 87(1) of the EC Treaty.
To the extent that they do not exceed the scope and aid intensities of Regulation (EC) No 70/2001, the four subprogrammes referred to in Article 1 can be regarded as being compatible with Article 87(3)(c) of the EC Treaty. To the extent that they provide for aid exceeding the scope and the aid intensities of Regulation (EC) No 70/2001, the four subprogrammes are incompatible with the common market.
To the extent that the subprogramme "Cooperation" provides for operating aid, it is incompatible with the common market.
Germany may implement the four subprogrammes referred to in Article 1 only if they have been brought into line with this Decision.
Germany shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 24 September 2002. For the Commission Mario Monti Member of the Commission (1) OJ C 34, 7.2.2002, p. 2. (2) State aid N 567/98 - Germany (Richtlinien zur Mittelstandsförderung - Verbesserung der unternehmerischen Leistungsfähigkeit). (3) The guidelines in their revised form include 11 subprogrammes. The notification was limited to six of them; the others were considered by Germany not to fall within the scope of Article 87(1) of the EC Treaty. (4) OJ L 10, 13.1.2001, p. 33. (5) OJ L 83, 27.3.1999, p. 3. (6) See footnote 1. (7) OJ L 107, 30.4.1996, p. 4. (8) The "enterprise pools" measure was initially the subject of the procedure in Case CP 92/01 - Germany but was then combined with the main procedure in Case C 89/01 - Germany, of which Germany was informed by letter D/54756 dated 16 November 2001. (9) OJ C 74, 10.3.1998, p. 9. (10) OJ C 213, 23.7.1996, p. 4. (11) The Regulation entered into force on 2 February 2001. (12) "Having regard to the differences between small enterprises and medium-sized enterprises, different ceilings of aid intensity should be set for small enterprises and for medium-sized enterprises." (13) "This Regulation should exempt aid to small and medium-sized enterprises regardless of location. Investment and job creation can contribute to the economic development of less favoured regions in the Community. Small and medium-sized enterprises in those regions suffer from both the structural disadvantage of the location and the difficulties deriving from their size. It is therefore appropriate that small and medium-sized enterprises in assisted regions should benefit from higher ceilings." (14) "This Regulation is without prejudice to the possibility for Member States of notifying aid to small and medium-sized enterprises. Such notifications will be assessed by the Commission in particular in the light of the criteria set out in this Regulation." (15) OJ C 213, 19.8.1992, p. 10. (16) See, for example, the judgment dated 24 March 1993 in Case C-313/90 [1993] ECR I-1125, paragraph 44 and Article 4(2) of Council Regulation (EC) No 994/98, OJ L 142, 14.5.1999, p. 1. (17) OJ L 10, 13.1.2001, p. 30.
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