2003/791/EC: Commission decision of 5 June 2002 on State aid implemented by Germany for Eisenguss Torgelow GmbH (Text with EEA relevance.) (notified under document number C(2002) 2008)

• Articles: 4

Article 1

The aid which Germany has implemented for Eisenguss Torgelow GmbH, Torgelow, Mecklenburg-Western Pomerania, in the form of a DEM 2000000 (EUR 1022583) grant, a DEM 311042 (EUR 159033) fallback guarantee provided by the Kreditanstalt für Wiederaufbau in respect of the DEM 622085 (EUR 318067) loan provided by Deutsche Bank AG and the 3,7 % interest subsidy on the same loan, is incompatible with the common market.

Article 2

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.

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, 5 June 2002.

For the Commission

Mario Monti

Member of the Commission

(1) OJ C 63, 12.3.2002, p. 4.

(2) See footnote 1.

(3) NHW had also received aid that was registered by the Commission in 1999 under NN 38/99. A formal investigation procedure was initiated on 16 May 2000.

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

(5) OJ L 107, 30.4.1996, p. 4.

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

(7) See Commission Decision 83/252/EEC (Cematex) (OJ L 140, 31.5.1983, p. 27).