2004/115/EC: Commission Decision of 10 December 2003 on the aid scheme for the Thüringer Industriebeteiligungsfonds (Text with EEA relevance) (notified under document number C(2003) 4495)
Date: 2003-12-10
Institutions: European Commission
Subjects: Germany, State aid, Thuringia, aid system, aid to undertakings

L 34/70

EN

Official Journal of the European Union

6.2.2004

COMMISSION DECISION

of 10 December 2003

on the aid scheme for the Thüringer Industriebeteiligungsfonds

(notified under document number C(2003) 4495)

(Only the German text is authentic)

(Text with EEA relevance)

(2004/115/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 88(2) thereof,

Having regard to the Agreement on the European Economic
Area, and in particular Article 62(1)(a) thereof,

(4)

(5)

The comments received from interested parties were
forwarded to Germany.

By fax of 24 October 2003, Germany withdrew its
application of 17 November 1997.

Having called on interested parties to submit their comments (1)
and having regard to those comments,

2. COMMENTS FROM INTERESTED PARTIES

Whereas:

(6)

The only comments received were those submitted by
the TIB-Fonds by letter dated 31 May 1999.

1. PROCEDURE

(1)

(2)

After scrutinising the annual reports of the Thüringer
Industriebeteiligungsfonds (TIB-Fonds), the Commission
had doubts as to the compatibility of the activities of the
TIB-Fonds with its decision of 9 August 1994 on the
TIB-Fonds aid scheme (state aid N 183/94). It accord-
ingly initiated proceedings under No NN 120/98 and
called for information to be provided (letter of 30
December 1998). Since the Federal Government did not
react, the Commission informed Germany by letter dated
15 March 1999 of its decision to initiate the procedure
provided for in Article 88(2) of the EC Treaty.

In addition, by letter dated 17 November 1997,
Germany notified the Commission of clarifications and
amendments to the aid scheme previously approved by
the Commission for a 10-year period under aid N 183/
1994. It provided the Commission with additional infor-
mation by letter dated 29 January 1998. The Commis-
sion had doubts as to whether the TIB-Fonds was effec-
tively controlled by the Land authorities. By letter of 15
March 1999 (see recital 1), Germany was informed of
the Commission's decision to initiate the procedure
provided for in Article 88(2) in respect of this aspect
too.

(3)

The Commission decision to initiate the procedure was
published in the Official Journal of the European Commu-
nities (2). The Commission invited interested parties to
submit their comments.

(7)

(8)

3. DESCRIPTION AND ASSESSMENT

The present procedure covers two distinct aspects: first,
the presumed improper application of the Commission
decision of 9 August 1994 on the TIB-Fonds aid scheme
and, second, the notification of an improved, partially
amended aid scheme for the activities of the TIB-Fonds.
Since the notification was withdrawn by Germany, the
procedure should be closed in accordance with Article 8
of Council Regulation No 659/1999 of 22 March 1999
laying down detailed rules for the application of Article
93 of the EC Treaty (3).

As regards the presumed improper application of the
Commission decision in 1994, the period covered by the
investigation extends from 9 August 1994 (notification
to Germany of the Commission decision in procedure
N 184/94) to 15 March 1999 (notification to Germany
of the Commission decision initiating the procedure) (cf.
point 4 of that decision). Several firms were referred to
by name in that decision. In various parallel individual
cases, the Commission has, in relation to those firms,
examined the compatibility of the activities of the TIB-
Fonds with the common market. The procedures are the
following: MITEC (NN 31/97), Umformtechnik Erfurt
(N 201/99), Compact Disc Albrechts (C 42/98), Kahla
Porzellan (C 62/00), Zeuro Möbel (C 56/97), Henneberg
Porzellan (C 36/00) and Deckel Maho (C 27/00). These
cases are not, therefore, covered by the present proce-
dure.

(1) OJ C 166, 9.6.2001, p. 14.
(2) See footnote 1.

(3) OJ L 83, 27.3.1999, p. 1.

6.2.2004

EN

Official Journal of the European Union

L 34/71

(9)

small

and medium-sized enterprises

Insolvency proceedings were initiated in respect of four
other
(KHW
Konstruktionsholzwerk Seubert GmbH & Co. KG,
Simson Zweirad GmbH, Polyplast GmbH and Möbel-
werke Themar). None of those enterprises is active on
the market any more. Since they no longer distort
competition and since any recovery claims would there-
fore be devoid of purpose, the procedure should be
closed.

(10)

By fax of 25 May 1999, Germany provided information
on another six firms. The information communicated
does not give the Commission any grounds for consid-
ering that the criteria laid down in its decision in Case
N 183/94 have not been complied with.

HAS ADOPTED THIS DECISION:

Article 1

Aid procedure C 17/99, which concerns, on the one hand, the
changes notified to the aid scheme initially approved and, on
the other, certain measures to assist firms in Thuringia through
the Thüringer
Industriebeteiligungsfonds during the period
from 9 August 1994 to 15 March 1999 under the originally
approved aid scheme, is terminated.

This Decision is addressed to the Federal Republic of Germany.

Article 2

Done at Brussels, 10 December 2003.

4. CONCLUSION

For the above reasons, the procedure in aid case C 17/99
should be closed,

For the Commission

Mario MONTI

Member of the Commission