2006/739/EC: Commission Decision of 20 October 2004 on State Aid implemented by Germany for Bayerische Landesbank — Girozentrale (notified under document number C(2004) 3927) (Text with EEA relevance)

• Articles: 6

Article 1

The state aid which Germany has implemented for Bayerische Landesbank — Girozentrale, amounting to EUR 260 479 690 in the period from 31 December 1994 to 5 March 2004 is incompatible with the common market.

Article 2

Germany shall take all necessary measures to discontinue and recover from the beneficiary the aid referred to in Article 1 and unlawfully made available to it.

Article 3

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 beneficiary until the date of its recovery.

Interest shall be calculated in accordance with the provisions of Chapter V of Commission Regulation (EC) No 794/2004  ( 57 ) .

Article 4

Germany shall inform the Commission, within two months of notification of this Decision, of the measures which were taken and which it intends to take in order to meet the commitments described in this Decision.

Article 5

This Decision is addressed to the Federal Republic of Germany.

Schedules & Appendices

ANNEX INFORMATION REGARDING THE IMPLEMENTATION OF THE COMMISSION DECISION

ANNEX

INFORMATION REGARDING THE IMPLEMENTATION OF THE COMMISSION DECISION

1.   Calculation of the amount to be recovered

1.1.

Please provide the following details regarding the amount of unlawful state aid that has been put at the disposal of the recipient:

Date(s) of payment  ( 1 )

Amount of aid  ( *1 )

Currency

Identity of recipient

Comments:

1.2.

Please explain in detail how the interest payable on the amount to be recovered will be calculated.

2.   Recovery measures planned or already taken

2.1.

Please describe in detail what measures have been taken and what measures are planned to bring about the immediate and effective recovery of the aid. Please also explain which alternative measures are available in national legislation to bring about recovery of the aid. Where relevant, please indicate the legal basis for the measures taken or planned.

2.2.

By what date will the recovery of the aid be completed?

3.   Recovery already effected

3.1.

Please provide the following details of aid that has been recovered from the recipient:

Date(s)  ( 2 )

Amount of aid repaid

Currency

Identity of recipient

3.2.

Please attach supporting documents for the repayments shown in the table at point 3.1.

( 1 )

(°)

Date or dates on which the aid or individual instalments of aid were put at the disposal of the recipient; if the measure consists of several instalments and reimbursements, use separate rows.

( *1 )   Amount of aid put at the disposal of the recipient, in gross grant equivalent.

( 2 )

(°)

Date or dates on which the aid was repaid.