The State aid implemented by Germany for Technische Glaswerke Ilmenau GmbH in the form of a conversion of securities for DEM 1800000 (EUR 914109) of the purchase price and a loan from the ThΓΌringer Aufbaubank worth DEM 2000000 (EUR 1015677) is incompatible with the common market.
1. Germany shall take all necessary measures to recover from the recipient the aid referred to in Article 1 and unlawfully made available to the recipient.
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 recipient 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.
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, 2 October 2002.
For the Commission
Mario Monti
Member of the Commission
(1) OJ C 272, 27.9.2001, p. 2.
(2) OJ C 83, 27.3.1999, p. 1.
(3) OJ C 217, 29.7.2000, p. 10.
(4) OJ C 272, 27.9.2001, p. 2.
(5) OJ L 62, 5.3.2002, p. 30.
(6) [...] represents business secret.
(7) See 1997 Panorama of EU Industry, Vol. 1, Ch. 9, the 1998 Report of the Standing Committee of the EC Glass Industries (CPIV), and the 1999 Annual Report of the Bundesverband Glasindustrie und Mineralfaserindustrie.
(8) OJ C 368, 23.12.1994, p. 12.
(9) OJ L 107, 30.4.1996, p. 4.
(10) THA scheme E 15/92, SG (92) D/17613, 8.12.1992.
(11) THA scheme N 768/94, SG (95) D/1062, 1.2.1995.
(12) N 562/c/94 SG (94) D/17293, 1.12.1994.
(13) 23rd outline plan for the Joint Federal Government/LΓ€nder scheme for improving regional economic structures: measures under this scheme qualify as regional investment aid under Article 87(1) of the EC Treaty and were approved by the Commission under the exemption laid down in Article 87(3)(a) of the EC Treaty (N 157/94, SG (94) D/11038, 1.8.1994).
(14) Investitionszulagengesetz (Investment Allowance Law) (N 494/A/95, SG (95), D/17154, 27.12.1995): Measures under this Law qualify as regional investment aid under Article 87(1) of the EC Treaty and were approved by the Commission under the exemption laid down in Article 87(3)(a) of the EC Treaty.
(15) OJ L 62, 5.3.2002, p. 30.
(16) Case C-342/96 Spain v Commission [1999] ECR I-2459, at 41.
(17) NN 74/95, SG (96) D/1946, 6.2.1996.
(18) OJ C 368, 23.12.1994, p. 12.
(19) Point 7.5 of the 1999 Guidelines States that "the Commission will examine the compatibility with the common market of any rescue and restructuring aid granted without its authorisation ... on the basis of the guidelines in force at the time the aid is granted ..." (OJ C 288, 9.10.1999, p. 2).