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Commission Decision (EU) 2015/2432 of 18 September 2015 concerning State aid SA.35484 (2013/C) (ex SA.35484 (2012/NN)) granted by Germany in respect of milk quality tests pursuant to the Milk and Fat Law (notified under document C(2015) 6295)

Commission Decision (EU) 2015/2432 of 18 September 2015 concerning State aid SA.35484 (2013/C) (ex SA.35484 (2012/NN)) granted by Germany in respect of milk quality tests pursuant to the Milk and Fat Law (notified under document C(2015) 6295)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,

Having called on the interested parties to submit their observations pursuant to the said provision(1),

Whereas:

    HAS ADOPTED THIS DECISION:

    Article 1

    The State aid which the Federal Republic of Germany has granted unlawfully in breach of Article 108(3) TFEU in respect of the milk quality tests carried out by the Länder Baden-Württemberg and Bavaria in favour of dairy sector undertakings in these Länder is during the period starting 1 January 2007 incompatible with the internal market.

    Article 2

    1.

    The Federal Republic of Germany recovers from the beneficiaries the aid that was granted in relation to the aid scheme referred to in Article 1 and that is incompatible with the internal market.

    2.

    The sum to be recovered shall bear interest throughout the period running from the date on which it was put at the disposal of the beneficiaries until its actual recovery.

    3.

    The interest shall be calculated in conformity with the provisions laid down in Chapter V of Regulation (EC) No 794/2004 and Commission Regulation (EC) No 271/2008(58) amending Regulation (EC) No 794/2004 on a compound basis.

    4.

    Germany shall cancel all outstanding payments of the aid referred to in Article 1 with effect from the date of adoption of this decision.

    Article 3

    1.

    Recovery of the aid granted on the basis of the scheme referred to in Article 1 shall be immediate and effective.

    2.

    Germany shall ensure that this Decision is implemented within four months following the date of notification of this Decision.

    Article 4

    1.

    Within two months following notification of this Decision, Germany shall submit the following information:

    1. a list of the beneficiaries that received aid in accordance with the scheme referred to in Article 1 and the total amount of aid that each of them received in accordance with that scheme;

    2. the total amount (principal and recovery interests) to be recovered from each beneficiary;

    3. a detailed description of the measures already taken and planned to comply with this Decision;

    4. documents demonstrating that the beneficiaries have been ordered to repay the aid.

    2.

    Germany shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid granted in accordance with the scheme referred to in Article 1 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries.

    Article 5