Commission Decision of 20 October 2004 on State Aid implemented by Germany for Landesbank Berlin — Girozentrale (notified under document number C(2004) 3924) (Only the German text is authentic) (Text with EEA relevance) (2006/736/EC)
Commission Decision of 20 October 2004 on State Aid implemented by Germany for Landesbank Berlin — Girozentrale (notified under document number C(2004) 3924) (Only the German text is authentic) (Text with EEA relevance) (2006/736/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on the Member State and other interested parties to submit their comments pursuant to the provisions cited above(1) and having regard to their comments,
Whereas:
HAS ADOPTED THIS DECISION:
Article 1
The state aid amounting to €810,14 million which Germany implemented for Landesbank Berlin — Girozentrale from 1 January 1993 to 31 August 2004 is incompatible with the common market.
Article 2
Germany shall take all necessary measures to recover from the recipient the aid referred to in Article 1 and unlawfully made available to the recipient.
Article 3
Recovery shall be effected without delay and in accordance with the procedures of national law, provided that they allow the immediate and effective execution of this Decision.
The aid to be recovered shall include interest from the date on which it was at the disposal of the recipient until the date of its recovery.
Interest shall be calculated in accordance with the provisions of Chapter V of Commission Regulation (EC) No 794/2004(36).
Article 4
Germany shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it, using the questionnaire attached in the Annex to this Decision.