Commission Decision (EU) 2019/56 of 28 May 2018 on aid scheme SA.34045 (2013/c) (ex 2012/NN) implemented by Germany for baseload consumers under Paragraph 19 StromNEV (notified under document C(2018) 3166) (Text with EEA relevance.)

• CELEX: Decision (EU) 2019/56
• Articles: 6

Article 1

1.   The full exemption of baseload consumers in Germany from paying network charges, which Germany has unlawfully put into effect in 2012 and 2013, constitutes State aid within the meaning of Article 107(1) of the Treaty insofar as those consumers were exempted from paying network charges corresponding to the network costs caused by them or, where those network costs amounted to less than the minimum network charges of 20 % of the published network charges, from paying those minimum network charges.

2.   The State aid referred to in paragraph 1 was put into effect by Germany in breach of Article 108(3) of the Treaty and is incompatible with the internal market.

Article 2

Individual aid granted under the scheme referred to in Article 1 does not constitute State aid if, at the time it is granted, it fulfils the conditions laid down by the regulation adopted pursuant to Article 2 of Council Regulation (EC) No 994/98  ( 116 ) which is applicable at the time the aid is granted.

Article 3

(1)   Germany shall recover the incompatible aid granted under the scheme referred to in Article 1 from the beneficiaries.

(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  ( 117 ) .

(4)   Germany shall cancel all outstanding payments of aid under the scheme referred to in Article 1 with effect from the date of adoption of this Decision.

Article 4

(1)   Recovery of the aid granted under the scheme referred to in Article 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 5

(1)   Within two months following notification of this Decision, Germany shall submit the following information:

(a)

the list of beneficiaries that have received aid under the scheme referred to in Article 1 and the total amount of aid received by each of them under the scheme;

(b)

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

(c)

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

(d)

documents demonstrating that the beneficiaries have been ordered to repay the aid referred to in Article 1.

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

Article 6

This Decision is addressed to the Federal Republic of Germany.