2007/492/EC: Commission Decision of 24 January 2007 on the State aid C 38/2005 (ex NN 52/2004) implemented by Germany for the Biria Group (notified under document number C(2007) 130) (Text with EEA relevance)
The state aid for Bike Systems GmbH & Co. Thüringer Zweiradwerk KG, Sachsen Zweirad GmbH and Biria GmbH (now Biria AG) is incompatible with the common market. The aid consisted of the following measures:
(a)
Measure 1: a silent participation of EUR 2 070 732 provided to Bike Systems GmbH & Co. Thüringer Zweiradwerk KG. The aid element corresponds to the difference between the reference interest rate plus 1 000 basis points and the remuneration against which the silent participation was provided (fixed remuneration plus 50 % of the variable remuneration);
(b)
Measure 2: a guarantee of EUR 4.480m to Sachsen Zweirad GmbH. The aid element corresponds to the difference between the reference interest rate plus 800 basis points and the interest rate at which the guaranteed loan was provided;
(c)
Measure 3: a guarantee of EUR 19.9m to Biria GmbH (now Biria AG). The aid element corresponds to the difference between the reference interest rate plus 700 basis points and the interest rate at which the guaranteed loan was provided.
1. Germany shall take all necessary measures to recover from the beneficiary the aid referred to in Article 1 and unlawfully made available to the beneficiary.
2. The silent participation and the guarantee for Biria GmbH (now Biria AG) shall be discontinued within two months following notification of this decision.
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.
4. 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.
5. Interest shall be calculated in conformity with Chapter V of Commission Regulation (EC) No 794/2004 ( 14 ) .
Germany shall inform the Commission, within two months following notification of this decision, of the measures already taken or planned to comply with it. It shall provide this information using the questionnaire annexed to this Decision. In particular, it shall submit to the Commission all documents proving that recovery proceedings have been initiated against the beneficiary of the unlawful aid.
This decision is addressed to the Federal Republic of Germany.
Supplementary provisions
ANNEXSupplementary provisions
ANNEX
Information regarding the implementation of the Commission Decision C(2007) 130
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 beneficiary:
Date(s) of payment ( *1 )
Amount of aid ( *2 )
Currency
Identity of beneficiary
Comments:
1.2. Please explain in detail how the interest payable on the amount to be recovered will be calculated.
2. Measures planned and already taken
2.1. Please describe in detail what measures have already been taken and what measures are planned to effect the immediate and effective recovery of the aid. Please also explain what alternative measures are available under national law to effect recovery. 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 beneficiary:
Date(s) ( *3 )
Amount of aid repaid
Currency
Identify of beneficiary
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 beneficiary; if the measure consists of several instalments and reimbursements, use separate rows.
( *2 ) Amount of aid put at the disposal of the beneficiary, in gross aid equivalents.
( *3 ) Date or dates on which the aid was repaid.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
