Commission Decision of 25 January 2012 Measures C 36/07 (ex NN 25/07) implemented by Germany for Deutsche Post AG (notified under document C(2012) 184) (Only the German version is authentic) (Text with EEA relevance) (2012/636/EU)

Article 1 U.K.

1. The pension subsidy to Deutsche Post AG constitutes State aid pursuant to Article 107(1) TFEU and has unlawfully been granted by Germany in breach of Article 108(3) TFEU.

2. The pension subsidy is incompatible with the internal market in so far as Germany has disproportionally contributed to the financing of Deutsche Post AG's retired civil servants' pensions.

Article 2 U.K.

The public transfers that constitute aid to Deutsche Post AG pursuant to Article 107(1) TFEU and were unlawfully granted by Germany in breach of Article 108(3) TFEU are compatible with the internal market.

Article 3 U.K.

The public guarantee constitutes existing aid to Deutsche Post AG pursuant to Articles 107(1) and 108(3) TFEU.

Article 4 U.K.

1. Germany shall recover from Deutsche Post AG the incompatible aid referred to in Article 1, which has been put at the disposal of Deutsche Post AG for the period from 1 January 2003 until the comparative advantage has been brought to an end.

2. The sums to be recovered pursuant to paragraph 1 shall bear interest from the date on which they were put at the disposal of the beneficiary until their actual recovery.

3. The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004 and to Commission Regulation (EC) No 271/2008(1) amending Regulation (EC) No 794/2004.

4. From the date of notification of this Decision, Germany shall ensure that Deutsche Post AG will no longer benefit from a comparative advantage for the non-price regulated services in light of the financing from the price-regulated revenues of the burdens approved by the Postal regulator.

Article 5 U.K.

1. Recovery of the aid referred to in Article 1, as foreseen in Article 4, 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 6 U.K.

1. Within two months following notification of this Decision, Germany shall submit the following information to the Commission:

(a) Total amount (principal and recovery interests) to be recovered from Deutsche Post AG;

(b) Detailed description of the measures already taken and planned to comply with this Decision;

(c) Documents demonstrating that Deutsche Post AG has been ordered to repay the incompatible aid.

2. Germany shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the incompatible State aid 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 Deutsche Post AG.

Article 7 U.K.

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 25 January 2012.

For the Commission

Joaquín Almunia

Vice-President