2003/687/EC: Commission Decision of 19 March 2003 on State aid granted by Germany to Linde AG (Saxony-Anhalt) (Text with EEA relevance) (notified under document number C(2003) 647)

• Articles: 2

Article 1

The subsidy of DEM 9 million which Germany granted to Linde AG for the construction of a carbon monoxide plant at Leuna does not constitute aid within the meaning of Article 87(1) of the EC Treaty.

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 19 March 2003.

For the Commission

Mario Monti

Member of the Commission

(1) OJ L 211, 22.8.2000, p. 7.

(2) OJ C 194, 10.7.1999, p. 14.

(3) Not yet reported.

(4) http://www.linde.com/en/en.jsp, 3 December 2002.

(5) http://www.ucb-group.com/corp/ default.htm, 3 December 2002.

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

(7) Cited by Linde in its application to the Court of First Instance, dated 19 April 2000, paragraph 21. Not contested by the Commission.

(8) The fact that the purchase price UCB paid to the THA/BvS for the carbon monoxide did not even cover the production costs may indicate that an aid element was involved. However, since it was most probably covered by the approved derogation scheme (Treuhandregime), the Commission did not investigate this point any further.