WRITTEN QUESTION E-1027/02

by Helmuth Markov (GUE/NGL) to the Commission

(15 April 2002)

Subject: Repayment of subsidies

Pursuant to its Decision (C42/98) of 21 June 2000 relating to subsidies paid by Germany to CDA Compact Disc Albrechts GmbH, Thuringia, the European Commission required the Federal Republic of Germany

to request repayment of the following subsidies: DEM 260,57 million from Pilz Albrechts GmbH, DEM 166,3 million from CD Albrechts GmbH and DEM 426,87 million from Logistik Center Albrechts GmbH.

1. Is it possible that part of that sum has already been repaid from the bankrupt's assets of one of the undertakings referred to above?

2. If so, what was the amount repaid and in respect of which demand (i.e. from which undertaking)?

3. What explanation did the German authorities give when the sum was repaid?

Answer given by Mr Monti on behalf of the Commission

(23 May 2002)

Different recovery amounts in relation to the Pilz Albrechts GmbH, the CD Albrechts GmbH (hereafter CDA) and the Logistic Center Albrechts GmbH (hereafter LCA) were distinguished by the Honourable Member. Therefore, it needs to be clarified that Commission Decision 2000/796/EC of 21 June 2000 on State aid granted by Germany to CDA Compact Disc Albrechts GmbH, Thuringia (notified under document number C(2000) 1728(1)) foresees in its Article 2(3) that for the purpose of recovery the termbeneficiariesshall include CDA Datenträger Albrechts GmbH and LCA Logistic Center Albrechts GmbH as well as any other undertaking to which R.E. Pilz GmbH & Co. Beteiligungs KG's, the Pilz & Robotron GmbH & Co. Beteiligungs KG's and Pilz Albrechts GmbH's assets and/or infrastructure have been transferred or will be transferred in such a way as to evade the consequences of this Decision. This means that all companies are jointly and severally liable for the recovery of all illegal aid amounting to DEM 426,87 million. The recovery obligation further includes the payment of interest calculated on the basis of the reference rate used for calculating the grant-equivalent of regional aids.

On the basis of the information submitted by Germany the current situation is the following:

- Up to now repayments of LCA amounting to EUR 3 138 million as well as of CDA amounting to EUR 7,06 million were made, i.e. altogether EUR 10 194 million have been recovered. Aid amounting to EUR 208 062 million still needs to be recovered.

- With the exception of CDA all companies involved are in bankruptcy. Except for an amount of EUR 10.89 million all outstanding recovery amounts were registered into the insolvency estates of the insolvent companies. Up to now, a repayment from the insolvency assets was not made, since the relevant procedures are not completed. Vis-a-vis CDA the repayment of the outstanding amount of EUR 208 062 million has not yet been claimed by the German authorities.

- The Commission believes that with respect to the amount of aid to be recovered as well as the joint and several liability of the beneficiaries the negative decision of 21 June 2000 does not leave any ambiguity. Therefore, the Commission has asked Germany to pursue the recovery of all amounts which in the decision were classified as incompatible aid against all companies referred to as beneficiaries, i.e. also against CDA. The Commission will continue to seek that Germany effectively pursues recovery of all amounts against all beneficiaries.

(1) OJ L 318, 16.12.2000.