2006/741/EC: Commission Decision of 20 October 2004 on State Aid implemented by Germany for Landesbank Schleswig-Holstein — Girozentrale, now HSH Nordbank AG (notified under document number C(2004) 3930) (Text with EEA relevance)

Article 1

The state aid of €432,3 million which Germany granted to Landesbank Schleswig-Holstein Girozentrale, now HSH Nordbank AG, from 1 January 1999 to 31 May 2003 is incompatible with the common market.

Article 2

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.

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 recipient 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  ( 44 ) .

Article 4

Using the questionnaire set out in the Annex, Germany shall inform the Commission, within two months of notification of this Decision, of the measures taken to implement it.

Article 5

This Decision is addressed to the Federal Republic of Germany.

INFORMATION REGARDING THE IMPLEMENTATION OF THE COMMISSION DECISION

ANNEXSupplementary provisions

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 o  ( 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.