Commission Decision of 20 May 2008 on State aid C 57/06 (ex NN 56/06, ex N 451/06) in connection with the financing of Hessische Staatsweingüter by the Land Hessen (notified under document C(2008) 1626) Text with EEA relevance

• Articles: 5

Article 1

The State aid amounting to EUR 541 859 unlawfully granted by Germany in the period 1995 to 2002, in breach of Article 88(3) of the EC Treaty, in favour of Hessische Staatsweingüter is incompatible with the common market.

The State aid in the form of restructuring measures unlawfully granted by Germany in the period after 2002, in breach of Article 88(3) of the EC Treaty, in favour of Hessische Staatsweingüter GmbH Kloster Eberbach is compatible with the common market.

Article 2

1.   Germany shall recover the aid referred to in Article 1(1) from the Betrieb gewerblicher Art and from Hessische Staatsweingüter GmbH Kloster Eberbach, in due proportion of the aid received.

2.   The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiaries until their actual recovery.

3.   The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004  ( 17 ) .

Article 3

1.   Recovery of the aid referred to in Article 1(1) shall be immediate and effective.

2.   Germany shall ensure that this decision is implemented within four months following the date of notification of this Decision.

Article 4

1.   Within two months following notification of this Decision, Germany shall submit the following information to the Commission:

—

the total amount (principal and recovery interests) to be recovered from each beneficiary,

—

a detailed description of the measures already taken and planned to comply with this Decision,

—

documents demonstrating that the beneficiaries have been ordered to repay the aid.

2.   Germany shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 1(1) has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries.

Article 5

This Decision is addressed to the Federal Republic of Germany.