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2011/471/EU: Commission Decision of 14 December 2010 on State aid granted by Germany to the Biria group (C 38/05 (ex NN 52/04)) (notified under document C(2010) 8289) Text with EEA relevance

2011/471/EU: Commission Decision of 14 December 2010 on State aid granted by Germany to the Biria group (C 38/05 (ex NN 52/04)) (notified under document C(2010) 8289) Text with EEA relevance

Decision · 5 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

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The State aid granted by Germany to Bike Systems GmbH & Co. Thüringer Zweiradwerk KG (now MB System), Sachsen Zweirad GmbH, and Biria GmbH (later Biria AG, now MB Immobilien) is incompatible with the internal market. The aid consists of the following measures: (a) measure 1: a silent participation (stille Einlage) amounting to EUR 2 070 732 contributed to Bike Systems GmbH & Co. Thüringer Zweiradwerk KG (now MB System); the aid component is the difference between the reference interest rate plus 1 000 basis points and the remuneration to be paid on the participation (the fixed remuneration plus 50 % of the variable remuneration); (b) measure 2: a guarantee of EUR 4 480 000 given for Sachsen Zweirad GmbH (later Biria AG, now MB Immobilien); the aid component is the difference between the reference interest rate plus 800 basis points and the total financing cost of the guaranteed loan (the interest rate at which the guaranteed loan was provided plus any premiums paid for the guarantee); (c) measure 3: a guarantee of EUR 19 900 000 given to Biria GmbH (later Biria AG, now MB Immobilien);. the aid component is the difference between the reference interest rate plus 700 basis points and the total financing cost of the guaranteed loan (the interest rate at which the guaranteed loan was provided plus any premiums paid for the guarantee).

Article 2

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1.   Germany shall recover the aid referred to in Article 1 from the recipient. 2.   Recovery shall be effected without delay and in accordance with the procedures of national law, provided these allow the immediate and effective enforcement of this Decision. 3.   The sums to be recovered shall bear interest from the date on which the aid was placed at the disposal of the recipient until their actual recovery. 4.   The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004  ( 27 ) . 5.   With effect from the date of notification of this Decision, Germany shall cancel all outstanding payments of the aid referred to in Article 1.

Article 3

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1.   Recovery of the aid referred to in Article 1 shall be immediate and effective. 2.   Germany shall ensure that this Decision is implemented within 4 months of the date of notification of the Decision.

Article 4

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1.   Within 2 months of notification of this Decision, Germany shall submit the following information to the Commission: (a) the total amount (principal and interest) to be recovered from the recipient; (b) a detailed description of the measures already taken or planned to comply with this Decision; (c) documentary evidence that the recipient has 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 the recovery of the aid referred to in Article 1 has been completed. Upon request by the Commission, Germany shall immediately submit information on the measures already taken or planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the recipient.

Article 5

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This Decision is addressed to the Federal Republic of Germany.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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