Article 4
This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 30 October 2001. For the Commission Mario Monti Member of the Commission (1) OJ C 272, 23.9.2000, p. 30. (2) See footnote 1. (3) OJ C 211, 28.7.2001, p. 27. (4) With the exception of some real estate which, according to Germany, was sold. (5) This credit was an advance on the THA grants under measure 11. It was fully made available and does not seem to have been claimed back as the grants were reduced, nor at the end of the two months for which it was awarded. On the contrary, it was prolonged at least six months. (6) Data extracted from the website of Cerame-Unie (http://www.cerameunie.org). (7) Panorama of EU Industry 1997, 9 to 20; NACE (Revision 1). See also Commission Decision 1999/157/EC in Case C 35/97, Triptis Porzellan GmbH (OJ L 52, 27.2.1999, p. 48). (8) OJ C 273, 9.9.1997, p. 3. (9) OJ C 209, 10.7.1997, p. 3. (10) OJ L 83, 27.3.1999, p. 1. (11) N 591/90, SG(90) D/91620, 20 December 1990. (12) N 318/90, SG(90) D/27178, 14 November 1990. (13) C 69/98, ex N 408/93. (14) According to the scheme, an SME will not have more than 250 employees and either a turnover of DEM 40 million or assets of DEM 20 million. (15) NN 25/95. (16) Investment Allowance Acts 1991 (C 59/91, SG(92) D/8068, 18 June 1993) and 1993 (N 561/92, SG(92) D/16623, 24 November 1992). These schemes provide for different aid intensities for large and small enterprises. Rules on cumulation with other regional aids must also be complied with. (17) N 477/91, SG(91) D/22704, 25 November 1991. (18) NN 117/92, SG(95) D/341, 13 January 1995. (19) 24th outline plan of the joint Federal Government/Länder scheme for improving regional economic structures N 531/95, (OJ C 291, 4.10.1996, p. 4.) (20) OJ L 107, 30.4.1996, p. 4. (21) See Commission Regulation (EC) No 69/2001: "aid should be considered to be granted at the moment the legal right to receive the aid is conferred to the beneficiary" (OJ L 10, 13.1.2001, p. 30). See also Annex II of Commission Regulation (EC) No 70/2001 where reference is always made to the granting of aid (OJ L 10, 13.1.2001, p. 33). See also Council Regulation (EC) No 659/1999 which always refers to the granting of aid (footnote 13). (22) NN 107/97, in force since 1 April 1997, approved by letter SG(98) 1049, 6 February 1993. (23) The Investment Allowance Act 1996 provides for different aid intensities for small and large undertakings (N 494/95, SG(95) D/17154, 27 December 1995). (24) N 331/96, SG(97) D/482, 23 January 1997. (25) OJ C 71, 11.3.2000, p. 14, point 3.2. (26) OJ C 368, 23.12.1994, p. 12. (27) Point 7.5 of the 1999 guidelines states that "the Commission will examine the compatibility with the common market of any rescuing and restructuring aid granted without its authorisation (...) on the basis of the guidelines in force at the time the aid is granted (...)" (OJ C 288, 9.10.1999, p. 2). (28) Without any justification, the turnover was supposed to increase from DEM 14 million to over DEM 40 million within one year. (29) As stated in a letter from Mr Frowein dated 3 January 1998 which is in the Commission's possession. (30) In the event of a share purchase, the obligation to repay the aid remains with the company. See, for example, Case C-303/88 Italy v Commission [1991] ECR I-1433. (31) See footnote 33, recital 60. (32) Commission Decision 2000/536/EC, Seleco SpA (OJ L 227, 7.9.2000, p. 24). (33) Commission Decisions 2000/567/EC, SMI (OJ L 238, 22.9.2000, p. 50) and 2000/796/EC, CDA (OJ L 318, 16.12.2000, p. 62).