Article 1
The rules governing the Thuringia working capital programme (hereinafter referred to as "the rules") establish State aid within the meaning of Article 87(1) of the EC Treaty. The rules do not establish aid within the meaning of Article 87(1) of the EC Treaty if the payments fall within the scope of Regulation (EC) No 69/2001 or, where this is not the case, within the scope of the de minimis provisions in force at the time the rules were implemented and, in combination with other de minimis aid, do not exceed the relevant de minimis ceiling of Regulation (EC) No 69/2001 or the previous de minimis provisions. The rules do not establish aid within the meaning of Article 87(1) of the EC Treaty if the payments were for firms not involved in producing goods or providing services for intra-Community trade. To the extent that the rules are caught by Article 87(1), they involve unlawful aid.