2006/744/EC: Commission Decision of 8 March 2006 on the State Aid implemented by Germany for Magog Schiefergruben GmbH & Co. KG (notified under document number C(2006) 641) (Text with EEA relevance)

• Articles: 6

Article 1

The state aid amounting to EUR 416 683 which Germany has implemented for Schiefergruben Magog GmbH & Co. KG is compatible with the common market pursuant to Article 87(3)(c) of the Treaty.

Article 2

The state aid amounting to EUR 285 410 which Germany has implemented for Schiefergruben Magog GmbH & Co. KG is incompatible with the common market.

Article 3

1.   Germany shall take all necessary measures to recover from the recipient the aid referred to in Article 2 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's until the date of its recovery.

3.   The interest to be recovered under paragraph 2 shall be calculated in accordance with the procedure laid down in Articles 9 and 11 of Commission Regulation (EC) No 794/2004  ( 9 ) .

4.   Within two months of notification of this Decision Germany shall formerly request the aid recipient referred to in Article 2 to reimburse the unlawful and incompatible aid and the interest due.

Article 4

Germany shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it. It will provide this information using the questionnaire attached in Annex 1 to this Decision.

Article 5

This Decision is addressed to the Federal Republic of Germany.

Schedules & Appendices

ANNEX INFORMATION REGARDING THE IMPLEMENTATION OF COMMISSION DECISION C(2006) 641

ANNEX

INFORMATION REGARDING THE IMPLEMENTATION OF COMMISSION DECISION C(2006) 641

1.   Calculation of the amount to be recovered

1.1.

Please provide the following details on 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 of aid to be recovered will be calculated.

2.   Measures planned and already taken to recover the aid

2.1.

Please describe in detail what measures are planned and what measures have already been taken to bring about the immediate and effective recovery of the aid. Please also explain what alternative measures are available in national law to bring about recovery? Please also indicate, where relevant, the legal basis for the measures taken/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 on the amounts of aid that have been recovered from the recipient:

Date(s)  ( 2 )

Amount of aid repaid

Currency

Identify of recipient

3.2.

Please attach proof of repayment of the aid amounts specified in the table under point 3.1 above.

( 1 )

(°)

Date(s) 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 aid equivalent)

( 2 )

(°)

Date(s) on which the aid was repaid