Article 1 1 The state aid implemented by Germany for Kahla Porzellan GmbH under measure 8 – income from exploiting the company’s real estate to be used to repay loans guaranteed by the Treuhand – is incompatible with the common market.
2 The following state aid granted by Germany to Kahla/Thüringen Porzellan GmbH is incompatible with the common market:
(a) Measure 11: a capital participation by TIB;
(b) Measure 12: a shareholder loan from TIB;
(c) Measures 13, 14, 23 and 30: 90 % guarantees of the Land of Thuringia;
(d) Measure 15: a grant from the Land of Thuringia;
(e) Measure 16: an equity loan from a state-owned bank;
(f) Measure 21: a loan from a state-owned bank;
(g) Measure 26: employment promotion grants;
(h) Measure 27: measures for employee integration, fair attendance and advertising;
(i) Measure 32: measures for research and development, employee integration, fair attendance and cost reduction.
Article 2 1 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. If the aid has already been paid back, recovery shall be effected to the extent that the amount paid back is smaller than the amount including interest calculated on the basis of the reference rate for regional aid applicable on the date on which the aid was granted.
2 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 the 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 on the basis of the reference rate used for calculating the grant equivalent of regional aid.
Article 3 Germany shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
Article 4 This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 13 May 2003.
For the Commission
Mario Monti
Member of the Commission