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There are currently no known outstanding effects for the Commission Decision of 20 July 2005 on a State aid implemented by Germany for a meat processing company, Greußener Salamifabrik GmbH (notified under document number C(2005) 2725) (Only the German text is authentic) (2005/920/EC), Introductory Text.
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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 called on interested parties to submit their comments pursuant to the provision cited above(1) and having regard to their comments,
Whereas:
I. PROCEDURE
II. DESCRIPTION
financial measures, such as:
a partial debt relief by creditors,
a refinancing of existing debts,
a capital contribution from shareholders;
a new marketing strategy;
cost-saving measures.
the 80 % guarantee given by Thüringer Aufbaubank for two bank loans totalling DEM 1,1 million in December 1996 (with the guarantee amount being DEM 880 000),
the partial mobilisation of one of the guarantees amounting to DEM 370 000 in the course of the restructuring/debt rescheduling in 1997,
the second 80 % guarantee by Thüringer Aufbaubank for a bank loan amounting to DEM 2,5 million (with the guarantee amount being DEM 2 million) in 1997.
III. COMMENTS FROM INTERESTED PARTIES
IV. COMMENTS FROM GERMANY
V. ASSESSMENT OF THE AID
it was not certain whether the guarantee complied with the specific conditions required for a State guarantee,
there was no restructuring plan which would show the aid was compatible with the rescue and restructuring guidelines.
the aid would lead to a restoration of viability;
the aid would avoid undue distortion of competition;
the aid amount would be in proportion to the restructuring costs and benefits;
the restructuring would be monitored and would be reported on.
restructuring aid should be granted once only;
the aid should lead to a restoration of viability;
the aid should not unduly distort competition;
the implementation of the restructuring plan should be monitored and reported on.
VI. CONCLUSION
HAS ADOPTED THIS DECISION:
See footnote 1.
OJ L 83, 27.3.1999, p. 1. Regulation as amended by the 2003 Act of Accession.
See footnote 1.
OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Commission Regulation (EC) No 1899/2004 (OJ L 328, 30.10.2004, p. 67).
OJ L 282, 1.11.1975, p. 1. Regulation as last amended by the 2003 Act of Accession.
Judgment of the Court of 17 September 1980 Case 730/79 Philip Morris Holland BV v Commission of the European Communities [1980] ECR 2671, paragraphs 11 and 12.
Judgment of the Court of 21 March 1990 Case C-142/87 Kingdom of Belgium v Commission of the European Communities [1990] ECR I-959, paragraph 43, and Judgment of the Court of 14 September 1994 Joined Cases C-278/92, C-279/92 and C-280/92 Kingdom of Spain v Commission of the European Communities [1994] ECR I-4103, paragraphs 40 to 42.
The meat sector in general is subject to significant intra-EU trade. In 1996, some 8 million tonnes of meat (carcass weight) were traded within the EU. This represented some 23 % of total 1996 meat production. (Source: Eurostat).
This letter has been superseded by the Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees (OJ C 71, 11.3.2000, p. 14).
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