State aid — Invitation to submit comments pursuant to Article 88(2) (ex Article 93(2)) of the EC Treaty, concerning the aid C 17/99 (ex NN 120/98 and N 804/97) — Germany — Improper application of the Thüringer Industriebeteiligungsfonds — Amendment and extension of that aid scheme (Text with EEA relevance)
Date: 2001-06-09
Institutions: European Commission
Subjects: Germany, State aid, aid system, control of State aid, exchange of information, regional aid

C 166/14

EN

Official Journal of the European Communities

9.6.2001

Invitation to submit comments pursuant to Article 88(2) (ex Article 93(2)) of the EC Treaty,
concerning the aid C 17/99 (ex NN 120/98 and N 804/97) (cid:151) Germany (cid:151) Improper application
of the Th(cid:252)ringer Industriebeteiligungsfonds (cid:151) Amendment and extension of that aid scheme

STATE AID

(2001/C 166/04)

(Text with EEA relevance)

By the letter reproduced below, dated 15 March 1999, the Commission notified Germany that it had
decided to initiate the procedure under Article 88(2) (ex Article 93(2)) of the EC Treaty.

(cid:145)The Commission would inform the Federal Republic of
Germany that, having examined the information provided by
the German authorities concerning the aid at
it has
decided to initiate the procedure under Article 93(2) of the
EC Treaty (now Article 88(2) (EC).

issue,

I. The improper application of the scheme in the past

1. By

letter

approved

SG(94) D/11661 of 9 August 1994,
the Th(cid:252)ringer

the
Commission
Industriebeteili-
gungsfonds (see N 183/94), an aid scheme whereby the
fund provides a capital injection in return for a holding in
the corporate equity, set up by the Land of Thuringia with
public means of DEM 400 million and intended to operate
for a period of 10 years. Under the scheme, a stake in the
equity of companies, primarily those in difficulties, is to be
taken on the basis of
the decision of an independent
committee. The Commission’s letter of approval referred
to specified restrictions concerning that approval and
prescribed obligations to be met by the German authorities,
which are set out in Part I of the Annex to this letter.

scheme

the application of

2. Examination of the annual accounts for 1994, 1995 and
1996 showed that in most cases the scheme was improperly
applied. Those irregularities are set out in Part II of the
Annex to this letter. For those reasons, the Commission,
in its decision of 9 December 1998 (see NN 120/98),
expressed doubt as to whether
the
scheme in the past was compatible with the version of
the
as authorised and requested the Federal
Republic of Germany to provide it, within one month of
receipt of the decision by the Federal Government, with all
information needed to enable it to verify whether the grants
of aid had been made in accordance with the scheme as
approved. In Part III of the Annex to this letter the scope of
this request is discussed in the light of the judgment of the
European Court of Justice in the Italgrani case. The Federal
Government is reminded that, if the German authorities fail
to provide this information within the specified time limit,
the Commission may proceed to initiate the procedure
under Article 93(2) (now Article 88(2) EC) concerning the
application of the scheme in the past on the basis of the
information at present available to it.

The Commission’s decision of 9 December 1998 requesting
information in accordance with the Italgrani judgment was
sent to the Federal Government by letter SG(98) D/12406 of
30 December 1998. By 24 February 1999 no reply had been
received from the German authorities.

3. Accordingly,

proceeding
to the effect
finds

the
on
Commission,
the
the
that
information at present before it
the
scheme had been improperly applied,
that
the
Federal Republic of Germany has failed to present
specified information on the grants of aid within the time
limit. With reference to the judgment of the European Court
of Justice of 5 October 1994 in Case C-47/91 Italgrani, the
Commission has decided that the application of the scheme
in the past and all particular applications of the scheme as
to their compatibility with the Treaty must be assessed as if
they were new grants of aid.

In this regard, the Commission

(cid:151) recalls its assessment that the scheme constitutes State
aid within the meaning of Article 92(1) of the EC Treaty
(now Article 87(1) EC) and Article 61(1) of the EEA
Agreement in so far as it applies to firms in difficulty,

(cid:151) finds that it does not have at its disposal the necessary
the
information to assess whether the application of
aid
constitutes State
scheme
within the meaning of those articles,

to sound enterprises

(cid:151) finds that, on the basis of

presented to it,
improper applications of
with the Commission’s policy on aid for
difficulty,

the information hitherto
the
the scheme are compatible
in

is unable to verify whether

firms

it

(cid:151) points out that under this policy, which in its current
form is embodied in the Community guidelines on State
aid for rescuing and restructuring firms in difficulty (OJ
C 368, 23.12.1994) and current Commission practice
the following essential requirements apply:

(cid:151) individual notification of aid for large enterprises in

difficulty,

(cid:151) restriction of rescue aid to loan guarantees or loans

bearing interest at normal commercial rates,

(cid:151) restriction of

the amount of

rescue aid to that
necessary to keep the firm in business pending the
planning of restructuring measures,

(cid:151) restructuring aid to be conditional on presentation of
a positive restructuring plan restoring the long-term
viability of the firm,

9.6.2001

EN

Official Journal of the European Communities

C 166/15

(cid:151) restriction of restructuring aid to the amount strictly
necessary to keep the firm as a going concern in the
restructuring stage.

4. On those grounds the Commission doubts whether the
improper application of the scheme is compatible with the
common market and is initiating the procedure under
(now Article 88(2) EC) concerning the
Article 93(2)
(i.e. prior to the
the scheme in the past
application of
formal notification of
Federal
Government) and all related grants of aid that have not
already formed the subject matter of a decision on their
authorisation in connection with specific measures or that
currently form the subject matter of proceedings under
Article 93(2)
(now Article 88(2) EC) concerning specific
measures, on condition that all grants of aid by the
TIB/BFT are covered by the decision of approval or a
decision to initiate the procedure.

this decision to the

5. On those grounds,

the Commission requests the Federal
Republic of Germany as part of
the procedure under
Article 93(2) (now Article 88(2) EC) to submit its obser-
vations and supply any information it considers necessary
the
for
scheme within one month of
It
requests that the German authorities send a copy of this
letter forthwith to persons who have received aid.

the improper application of
receipt of

the assessment of

this letter.

such documentation,

6. The Commission requires the Federal Republic of Germany
to supply it within one month of receipt of this letter with
all
information and data as are
necessary in order that it may form a view of the compati-
bility of the improper application of the scheme and of the
cases of the application of the scheme concerned in the
present proceedings.

In particular, it requests the Federal Republic of Germany to
the
supply it within the prescribed period with all
information specified in Part
the Annex to this
letter, which was requested in its letter SG(98) D/12406 of
30 December 1998 in accordance with the judgment in the
Italgrani case.

III of

In the absence of that information, it will adopt a decision
on the basis of the facts that have come to its knowledge.

It would remind the Federal Republic of Germany that if, on
the basis of the information at present at its disposal and
after two requests to the Federal Republic of Germany to
provide it with the necessary information, it decides that the
improperly applied scheme is irregular and incompatible
with the common market, all grants of aid made under
the scheme that have not previously been notified to it
and have been made on false conditions are improper and
since, despite the requests made to the Federal Republic of
the
Germany,
for
assessment of compatibility has not been supplied,
they
are incompatible and as such must be repaid whether or
not they were intended for a firm in difficulty.

information required

specific

the

7.

. . . (1)

II. The amendment and extension of the scheme

1. Following extensive correspondence (i.e. the Commission’s
requests of 22 July 1996, 11 September 1996, 27 September
1996, 9 October 1996 and 15 November 1996 and the
German authorities’
reply of 25 September 1996), an
initial meeting with the German authorities was held in
Brussels on 3 February 1997 concerning the improper
application of the scheme. Following a meeting at political
level between the Commission and representatives of the
Land of Thuringia on 1 July 1997 at which the Land
representatives expressly stated that in the past irregularities
had occurred in granting aid in Thuringia and that they
wished to cooperate in clearing them up fully, another
meeting was held in Erfurt on 23 September 1997, which
carried out an in-depth examination of the cases and an
analysis of the problems relating to the scheme.

2. Following those meetings, the German authorities, by letter
of 17 November 1997, notified a number of clarifications
and amendments to the scheme. In response to a request for
information of 16 December 1997 and a reminder of 27
January 1998, a supplementary notification was made by
In response to a further
letter dated 29 January 1998.
requesting
letter
(with a reminder of 7 April 1998)
the
information in order to assess the compatibility of
amendments to the scheme that had been notified with
the 1994 Community guidelines on State aid for rescuing
and restructuring firms in difficulty, the German authorities
replied by letter of 5 May 1998. Despite a further request to
the German authorities to supply the Land guidelines deter-
mining the discretion of the TIB in matters of assistance, the
guidelines were not enclosed with the notification letter of
28 August 1998. This matter was also considered at two
meetings held in Brussels on 28 October 1998 and 30
November 1998.

The amendments and clarifications at issue are described
below.

3. Proposed amendments/clarifications

3.1. The German authorities have confirmed the following
obligations, which were already laid down in the scheme
as originally approved:

(cid:151) all grants of aid to large enterprises

(within the
meaning of the Community guidelines on State aid
for SMEs applicable when the grants were made) are
to be notified individually,

(cid:151) all grants of aid entailing the acquisition of a majority

holding are to be notified individually,

(cid:151) all grants of aid entailing the acquisition of a holding
exceeding
as
EUR 20 million in the letter originally approving
the scheme) are to be notified individually,

DEM 20 million

(specified

(1) The confidential

information contained here in the letter to the
Member State has, at the Member State’s request, been deleted for
the purposes of publication in the Official Journal.

C 166/16

EN

Official Journal of the European Communities

9.6.2001

(cid:151) the Federal Government is to present an annual report,

(cid:151) a restructuring plan is to be drawn up and imple-
mented to restore the relevant enterprise’s viability,
verification by independent consultants, appropriate
reductions in capacity,
time limit on holdings and
substantial contributions from the enterprise’s bank
and the other shareholders.

Moreover,
the German authorities have undertaken to
provide the Commission with a six-monthly report spec-
ifying all new acquisitions of holdings, including holdings
in sound enterprises acquired on market conditions.

3.2. The German authorities notify the following amendments:

(cid:151) Grants of initial financing before formal signature of
the contract conferring the holding. Under the TIB,
enterprises can be granted loans on the following
conditions:

(cid:151) the decision to take a holding is to be adopted by

the committee specified above,

(cid:151) the restructuring plan is to be drawn up and

approved,

(cid:151) regarding the verification of the requisite volume
of aid, regard is to be had for the amount of the
loan in the restructuring plan approved following
signature of the contract concerning the holding.

base

(cid:151) Activities of the BFT (100 % owned by the TIB): this
fund specialises in dormant holdings and secures refi-
the Kreditanstalt
nancing under
f(cid:252)r Wiederaufbau
the establishment of a fund to
programme for
of medium-sized
strengthen
capital
the
(Beteili-
commercial enterprises in the new L(cid:228)nder
gungsfonds-Ost)
(see N 646/A/95). The Commission
points out that the letter authorising the scheme at
issue in the programme expressly prescribes that the
Community guidelines on State aid for rescuing and
restructuring firms in difficulty must be complied with
and refinancing measures for large businesses and
enterprises in the sectors must be notified individually.
The notification of the extension of this scheme (see
is currently being verified; the scheme
N 361/A/98)
in
excludes
difficulty.

the refinancing of holdings

in firms

The provisions applicable to the Th(cid:252)ringer Indus-
Beteili-
triebeteilgungsfonds
gungsfonds Th(cid:252)ringen GmbH (BFT).

apply

also

the

to

Holdings can be acquired in the same enterprise
through the two funds.

Kapitalhilfeprogramm,

the holding from other capital aid programmes, e.g.
ERP-Beteiligung-
the
sprogram or
the Treuhandanstalt.
The German authorities propose to retain those
provisions subject to the following clarifications:

the holdings of

the

(cid:151) proprietors of an enterprise in receipt of TIB aid
are entitled to refinance their holdings under the
Eigenkapitalhilfeprogramm in den neuen Bundes-
l(cid:228)ndern (see N 510/95) (personal loan). The letter
authorising the programme expressly prescribes
compliance with the Community guidelines on
State aid for rescuing and restructuring firms in
difficulty and notification of each individual refi-
nancing measure for large enterprises and enter-
prises in sensitive industries. Notification of the
extension of this scheme (see N 463/98) is being
currently verified;
it excludes the refinancing of
holdings in firms in difficulty,

Landes

(cid:151) TIB aid can be cumulated with assistance from the
Konsolidierungsfonds
Th(cid:252)ringen
des
zugunsten von Unternehmen in Schwierigkeiten
(aid in the form of loans and holdings) (originally
approved in NN 74/95 and amended in N 370/97).
the decision of
It has been established that
approval of 18 February 1998 requires
the
German authorities to provide individual notifi-
cation of all cases where cumulative amounts of
rescue
exceed
DEM 5 million, all aid for large enterprises and
in sensitive industries and multiple
enterprises
grants of aid.

restructuring

and/or

aid

(cid:151) BvS aid can be cumulated with TIB aid. Reference
is made to the rules on notification applicable to
the former Treuhandanstalt/BvS,
the schemes of
and in particular to the Commission decision on
the
in the
Commission decision on the BvS scheme for SMEs.

rules on cumulation contained

level

It should be noted that the guarantees provided at
federal or Land
(see Bundesb(cid:252)rgschaft-
sprogramm (see E 24/95), B(cid:252)rgschaftsprogramm
der Th(cid:252)ringer Aufbaubank (see N 117/96) and
B(cid:252)rgschaftsprogramm des Landes Th(cid:252)ringen (see
NN 25/95)) remain unaffected by the prohibition
of cumulation contained in the decision of 9
August 1994.

(cid:151) Duration of the scheme: the scheme is currently for
an unlimited period (it was originally limited to 10
years).

3.3. In addition the German authorities undertake

the

following obligations:

(cid:151) to restrict

the volume of aid to that necessary to

restore the enterprise to viability,

(cid:151) Clarification of the rules on cumulation: according to
the findings
that have been made, enterprises in
receipt of TIB aid are excluded for the duration of

(cid:151) to assist in securing appropriate cooperation on the
part of the enterprise regarding the restructuring plan,

9.6.2001

EN

Official Journal of the European Communities

C 166/17

(cid:151) to acquire successive holdings in the same enterprise
in exceptional cases only, where the need to grant
further restructuring aid arises from factors outside
the enterprise’s control which it could not foresee.

(cid:151) the extension of

the period of application of

the
scheme takes account of the long-term nature of the
in the Land of
difficulties confronting enterprises
Thuringia, which forms an assisted area for
the
purposes of Article 92(3)(a) (now Article 87(3)(a) EC).

4.

The Commission has verified the amendments to the
scheme of
the Th(cid:252)ringer Industriebeteiligungsfonds in
relation to Articles 92 and 93 of the EC Treaty (now
the EEA
Articles 87 and 88 EC) and Article 61 of
Agreement
to the Community
guidelines on State aid for rescuing and restructuring
firms in difficulty (OJ C 368, 23.12.1994).

in particular,

and,

Its findings are set out below.

the

and

4.1. The grants of aid and loans provided by the Th(cid:252)ringer
Beteiligungsfonds
Industriebeteiligungsfonds
Th(cid:252)ringen GmbH (BFT) constitute State aid within the
meaning of Article 92(1) of the EC Treaty (now Article
87(1) EC) and Article 61(1) of the EEA Agreement since
the restructuring aid for firms in difficulties, as defined in
firms to
the Community guidelines, enables recipient
avoid closing down and to reestablish their long-term
viability and their production capacity for markets
which they would have lost without aid or at least to
retain their markets partly. The aid therefore distorts
competition and affects trade between Member States.

4.2. The scheme, as amended,

seems prima facie to be
compatible with the Community guidelines on State aid
for rescuing and restructuring firms in difficulty. This
emerges from the following points:

(cid:151) the original scheme was approved by the Commission;
its terms, which have been strengthened by the obli-
gations undertaken by the German authorities in the
present notification procedure, are compatible with
those guidelines,

(cid:151) the initial financing, through the terms on which the
scheme was approved, forms part of the restructuring
plan and constitutes restructuring aid,

(cid:151) the organisational change (the establishment of

the
Beteiligungsfonds Th(cid:252)ringen (BFT)) brings no new
elements to light
that are capable of altering the
original assessment,

(cid:151) the amended provisions on cumulation originate in
the Commission’s practice of approving packages of
aid from different sources, which contributes to a
more scrupulous assessment of the restructuring plan,

However, other grounds, which are set out below, give
reason to initiate the procedure. The German authorities
have failed to respond to the Commission’s request to give
their views on its finding that the Th(cid:252)ringer Industriebe-
teiligungsfonds (the establishment of a fund under the
control of
the Th(cid:252)ringer Aufbaubank, which is in its
turn subject to the Land Government) appears to have
to a large degree independently
operated in the past
and, in practice, unsupervised by the Land Government.
To date no Land guidelines exist that regulate the activities
of the fund and the provisions on aid agreed between the
Commission and the Federal Republic of Germany have
not been transposed into Land law. This deliberate failure
to carry out effective verifications by the Land has resulted
in the past in systematic disregard on the part of TIB
officials of the conditions on which the schemes were
It was for that reason that the Commission
approved.
formally requested the German authorities to make TIB
activities subject to Land guidelines.

5.

the German

In view of this refusal to apply guidelines of that nature to
TIB activities, past experiences and the impossibility of
verifying, under the present rules, compliance with the
scheme in future, the Commission has raised objections
for
concerning
provisions and procedures to ensure that future grants
of aid are in line with the Treaty.
It has accordingly
decided to initiate the procedure under Article 93(2)
(now Article 88(2) EC) concerning the notification of
the amendments and the extension of the scheme (see
N 804/97).

authorities’

proposals

On those grounds the Commission invites the Federal Republic
of Germany, within the framework of the procedure under
to
Article 93(2) of
submit
this
letter and to provide it with all appropriate information
necessary to assess the aid.

its comments within one month of receipt of

the EC Treaty (now Article 88(2)(EC),

The Commission would remind the German authorities of the
suspensory effect of Article 93(3) of the EC Treaty (now Article
88(3)EC) and would draw their attention to the letter sent to all
Member States on 22 February 1995 to the effect that all aid
that is granted improperly must be repaid by the recipient. The
repayment must be made in accordance with the national rules
and must include interest payable from the date when the aid
was paid to the recipient until it is in fact recovered, calculated
on the basis of the net grant equivalent for regional aid.

C 166/18

EN

Official Journal of the European Communities

9.6.2001

ANNEX TO THE LETTER TO THE GERMAN GOVERNMENT

Th(cid:252)ringer Industriebeteiligungsfonds: original approval conditions, cases of improper application and the scope
of the Commission request in the light of the Italgrani judgment

I. Original approval conditions

1. By decision of 27 July 1994, notified by letter of 9 August 1994, the Commission approved the Th(cid:252)ringer Indus-
triebeteiligungsfonds (see N 183/94), an aid scheme of the Land of Thuringia set up with DEM 400 million from
public means to provide capital injections for enterprises, against a holding in their equity. The fund was originally to
operate for a 10-year period. Under the scheme holdings are taken:

(cid:151) in sound enterprises with prospects of profitability (the (cid:147)private investor(cid:148) principle), and

(cid:151) firms in difficulty,

on the basis of decisions adopted by an independent committee.

The Commission, in its letter of 9 August 1994 approving the scheme, stated that the acquisition of sound enter-
prises with prospects of reasonable profits did not constitute State aid within the meaning of Article 92(1) (now
Article 87(1)EC). Regarding holdings in firms in difficulty, it took the view that these formed State aid. It gave its
approval for these grants of State aid to firms in difficulty, adding the following points:

(cid:151) the acquisition of holdings through the TIB is to be conditional on presentation of a restructuring plan that is

capable of restoring the firm to viability and of reducing production capacity,

(cid:151) the restructuring plan is to be approved by independent consultants and the board and proprietors of the firm,

(cid:151) the holdings are to be temporary, usually for three to five years; the terms for the resale of holdings are to be
fixed at the time of their acquisition. The selling price is not to be below the price paid for the enterprises’
shares, etc.,

(cid:151) it is assumed that the TIB will take around ten holdings annually in firms in difficulty,

(cid:151) the TIB is to focus on SMEs, although holdings in large enterprises are not excluded,

(cid:151) the TIB is in principle to acquire minority holdings only,

(cid:151) each holding is not to be for an amount of more than EUR 20 million,

(cid:151) the enterprise’s bank and the other proprietors are to pay over a substantial contribution in the restructuring of

the firm,

(cid:151) enterprises that receive aid from the TIB are excluded, so long as the holding is maintained, from other capital
aid programmes, such as the Federal EKH-Programm, the ERP-Beteiligungsprogramm or the Treuhandanstalt’s
holdings,

(cid:151) the German authorities undertake the following obligations:

(cid:151) exceptional cases where holdings in enterprises other than SMEs for the purposes of the 1992 Community

guidelines on State aid for SMEs are to be notified individually,

(cid:151) cases where the TIB takes a majority holding are to be notified individually,

(cid:151) cases where holdings exceed EUR 20 million are to be notified individually,

(cid:151) the scheme concerns holdings in industrial enterprises; construction enterprises are excluded. The letter of assent

must contain a reminder of the obligation to comply with the provisions on sensitive industries.

9.6.2001

EN

Official Journal of the European Communities

C 166/19

II. Irregularities

2. Examination of the annual reports for 1994, 1995 and 1996 showed that the scheme has been improperly applied

(the 1997 report is currently being examined):

(cid:151) the TIB has provided initial financing in the expectation of taking a holding but before it had actually done so

(for example, Mitec (see NN 31/97), Umformtechnik Erfurt (see NN 104/96, NN140/96)),

(cid:151) in some cases holdings were acquired in large enterprises without providing prior notification (for example, CDA
Compact Disk Albrechts GmbH (considered in relation to NN 54/94), Kahla Th(cid:252)ringen Porzellan GmbH, Zeuro
M(cid:246)belwerk GmbH (see C 56/97, ex NN 78/98); Henneberg Porzellan; Umformtechnik Erfurt (see NN 104/96,
NN 140/96) and Deckel Maho Seebach GmbH),

(cid:151) in some cases a majority holding was taken without providing individual notification (for example, MTDA Media

Tec Datentr(cid:228)ger Albrechts GmbH),

(cid:151) in some cases the prohibition of cumulation of grants of aid was not observed (see Zeuro M(cid:246)belwerk, cumu-

lation with the Eigenkapitalhilfeprogramm, see NN 78/96),

(cid:151) in some cases aid from the TIB was cumulated with that of the Konsolidierungsfonds des Landes Th(cid:252)ringen in
grants to firms in difficulties (originally approved in NN 74/95), whereas the scheme in its original form
prohibited the cumulation of grants of aid under that scheme with other aid to firms in difficulty,

(cid:151) in some cases aid from the TIB was cumulated with aid from the Treuhandanstalt/BvS,

(cid:151) in 1996 the TIB set up Beteiligungsfonds Th(cid:252)ringen GmbH (BFT), a company wholly owned by the TIB, having
as its object the provision, against a holding, of
loans with funds refinanced within the framework of the
KfW-Beteiligungsfonds Ost to firms in difficulty (approved scheme) without acquiring direct influence on the
board (i.e. a dormant holding).

III. Scope of the Commission’s request in the light of the Italgrani judgment

3. In the Commission’s decision of 9 December 1998, which was notified by letter SG(98) D/12406 of 30 December
1998, it expressed doubts whether the application of the scheme was compatible with the version notified to and
approved by it.

It pointed to the approach adopted by the European Court of Justice in its judgment of 5 October 1994 in Case
C-47/91 Italgrani: (cid:147)If the Commission has doubts as to the conformity of individual aids with its decision approving
the general scheme, it is up to it to order the Member State concerned to supply it, within such period as it may
specify, all such documentation, information and data as are necessary in order that it may form a view of the
compatibility of the aid in question with its decision approving the aids scheme. Should the Member State fail,
notwithstanding the Commission’s injunction, to supply the information requested, the Commission may order the
suspension thereof and directly assess compatibility with the Treaty as if it were a new aid(cid:148).

The Commission therefore requests the Federal Republic of Germany within one month of receipt of this decision to
provide it with all information needed to enable it to verify whether the grants of aid are in accordance with the
scheme that was authorised. It therefore calls on the German authorities to notify it of grants of aid under the
scheme:

(cid:151) to enterprises that must be regarded as sound when the grant was made (providing figures on the firm’s finances
before the holding was taken or any other aid on the part of the TIB/BFT or any other State aid was granted that
is to be considered aid for rescuing or restructuring firms in difficulty, providing a detailed description of the
procedures for granting that aid),

(cid:151) to sound enterprises that, in accordance with the (cid:147)private investor(cid:148) principle, have prospects of profitability,
providing the particulars needed to enable the Commission to verify this assessment, and on conditions on which
any other investor operating in a market economy would have acquired a holding (together with particulars of
the contract concerning the holding, so that an assessment of its terms can be made).

C 166/20

EN

Official Journal of the European Communities

9.6.2001

In addition the Commission also requests the German authorities to notify to it, where the TIB/BFT has provided
assistance for firms in difficulty or on conditions at variance with the (cid:147)private investor(cid:148) principle, of the following:

(cid:151) the cases in which grants of aid were made entirely in accordance with the provisions described above of the

scheme that was approved, including in each case the following particulars:

(cid:151) the name of the recipient enterprise,

(cid:151) the number of employees, balance sheet value and turnover of the enterprise in the three years before the

grant was made,

(cid:151) the name of the independent consultant,

(cid:151) the restructuring plan, (a copy should be provided) on the basis of which the holding was taken,

(cid:151) a description of the reduction in capacity proposed in the restructuring plan,

(cid:151) details of how long the holding will continue,

(cid:151) the proposed terms for the resale of the holding,

(cid:151) the scale of the holding (amount and proportion of the enterprise’s capital),

(cid:151) the contribution of the enterprise’s bank and the other proprietors, and

(cid:151) the total amount of grants of State aid made to the enterprise from the initiation of the restructuring plan,

(cid:151) the cases in which grants of aid other than in relation to the holding in the enterprise were made, providing the

following details:

(cid:151) the name of the recipient enterprise,

(cid:151) the number of employees, balance sheet value and turnover of the enterprise in the three years before the

grant was made,

(cid:151) the existence and details of any restructuring plan whose implementation by the enterprise was formally

agreed as a necessary condition for the grant of aid (a copy of the plan should be provided),

(cid:151) a description of the reduction in capacity proposed in the restructuring plan,

(cid:151) the scope and details of the holding,

(cid:151) the contribution of the enterprise’s bank and the other proprietors, and

(cid:151) the total amount of grants of State aid made to the enterprise from the initiation of the restructuring plan,

(cid:151) the cases in which the said provisions and obligations were not complied with, providing in each case the

following particulars:

(cid:151) the name of the recipient enterprise,

9.6.2001

EN

Official Journal of the European Communities

C 166/21

(cid:151) the number of employees, balance sheet value and turnover of the enterprise in the three years before the

grant was made,

(cid:151) the name of the independent consultant,

(cid:151) the restructuring plan, (a copy should be provided) on the basis of which the holding was taken,

(cid:151) a description of the reduction in capacity proposed in the restructuring plan,

(cid:151) details of how long the holding will continue,

(cid:151) the proposed terms for the resale of the holding,

(cid:151) the scale of the holding (amount and proportion of the enterprise’s capital),

(cid:151) the contribution of the enterprise’s bank and the other proprietors, and

(cid:151) the total amount of grants of State aid made to the enterprise from the initiation of the restructuring plan.

The Commission would point out that this request for information does not concern grants of aid that have already
formed the subject matter of a decision of the Commission or are the subject matter of a current procedure under
Article 93(2) (now Article 88(2) EC) provided that all grants of aid on the part of the TIB/BFT are covered by a final
decision or verification procedure. In such cases it is sufficient to indicate the name of the recipient enterprise and
the reference number of the current procedure.

The Commission would inform the Federal Government
information within the prescribed time limit,
88(2)(EC)) concerning the scheme on the basis of the information at present at its disposal.(cid:146)

it may initiate the procedure under Article 93(2)

the German authorities fail

that,

if

to provide this
(now Article

The Commission hereby gives notice to interested parties to submit their comments on the aid in question,
within one month of the date of this notice, to:

European Commission,
Directorate-General for Competition,
Directorate G.1,
Rue de la Loi/Wetstraat 200,
B-1049 Brussels,
Fax (32-2) 296 98 15.

Those comments will be communicated to Germany.