Article 1
The common guidelines for the use of economic development funds by the Land of Berlin (hereinafter the common guidelines), which Germany wishes to implement, constitute State aid within the meaning of Article 87(1) of the EC Treaty.
2004/125/EC: Commission Decision of 24 June 2003 On an aid scheme "Common guidelines for the use of economic development funds by the Land of Berlin", which Germany wishes to implement (Text with EEA relevance.) (notified under document number C(2003) 1867)
2004/125/EC: Commission Decision of 24 June 2003 On an aid scheme "Common guidelines for the use of economic development funds by the Land of Berlin", which Germany wishes to implement (Text with EEA relevance.) (notified under document number C(2003) 1867)
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 ↗
Article 2
In so far as the aid provided for in the common guidelines constitutes operating aid, it is incompatible with the common market. Accordingly, this aid shall not be granted.
Article 3
In so far as the aid provided for in the common guidelines constitutes aid for initial investment, it is compatible with the common market until 31 December 2006 provided that the conditions in the second paragraph are met. Germany shall comply with the rules of the regional aid guidelines and of Commission Regulation (EC) No 70/2001 regarding aid intensity, cumulation of aid, exclusion of sensitive sectors, beneficiaries' own contributions and maintenance of the investment for five years.
Article 4
Germany shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
Article 5
This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 24 June 2003. For the Commission Mario Monti Member of the Commission (1) OJ C 340, 27.11.1999, p. 64. (2) See footnote 1. (3) OJ L 83, 27.3.1999, p. 1. (4) For the later, more detailed picture, see Section 4 of this Decision (Germany's comments). (5) Point 15 of the statement by Germany of 14 December 1998, which still gave the amount in DEM (DEM 6 million). (6) The decision to initiate the procedure contains an error since it states that the scheme will run until "the end of 2006". (7) Commission Decision 87/573/EEC of 15 July 1987 (OJ L 347, 11.12.1987, p. 64), Section IV, point 1. (8) At the time the procedure was initiated, the Commission notice on de minimis aid applied (OJ C 68, 6.3.1996, p. 9). (9) OJ C 74, 10.3.1998, p. 9. (10) Commission recommendation concerning the definition of small and medium-sized enterprises (OJ L 107, 30.4.1996, p. 4) and Community guidelines on State aid for small and medium-sized enterprises (OJ C 213, 23.7.1996, p. 4). (11) See decision in Case N 613/96. (12) On the basis of the decisions taken in Cases N 195/99, C 47/99 and N 641/2002, the City of Berlin, along with Brandenburg, which together make up the labour market region of Berlin, is an eligible area under Article 87(3)(c) for the period 2000-06 with a maximum aid intensity of 20 % net. This may be raised by 10 percentage points gross for SMEs. For the period from 2007 onwards, the eligible areas and regional-aid ceilings have not yet been set. (13) See point 4.17 of the regional aid guidelines. (14) See point 4.15 of the regional aid guidelines. (15) [1998] ECR II-717. (16) [1995] ECR II-1675. (17) For the public-law claims and further payments under the common guidelines, see the table provided by Germany and set out in recital 35. (18) Rental or leasing agreements with a duration of less than two years, i.e. category three in the table in recital 35. (19) See recital 39. (20) See footnote 7. (21) OJ L 10, 13.1.2002, p. 30. (22) See the judgment by the Court of First Instance of 15 December 1999 in Joined Cases T-132/96 and T-143/96 Freistaat Sachsen, Volkswagen AG and Volkswagen Sachsen GmbH v Commission [1999] ECR II-3663. (23) See footnote 5 to the regional aid guidelines. The synthetic fibres, motor vehicle and steel industries are currently regulated by the multisectoral framework on regional aid for large investment projects (OJ C 70, 19.3.2002, p. 8). Shipbuilding will remain regulated by Council Regulation (EC) No 1540/98 (OJ L 202, 18.7.1998, p. 1) until 31 December 2003. (24) See footnote 12. (25) See the judgments referred to in recital 38. (26) OJ L 10, 13.1.2001, p. 33. (27) See footnote 23. (28) See recital 69.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
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