ISSN 1725-2555 Official Journal L 307 of the European Union Volume 49 English edition Legislation 7 November 2006 Contents I Acts whose publication is obligatory ...... II Acts whose publication is not obligatory Commission 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) (1)................. 1 2006/737/EC: ★ Commission Decision of 20 October 2004 on aid from Germany for Westdeutsche Landesbank — Girozentrale (WestLB), now WestLB AG (notified under document number C(2004) 3925) (1)...... 22 2006/738/EC: ★ Commission Decision of 20 October 2004 on State Aid implemented by Germany for Norddeutsche Landesbank — Girozentrale (notified under document number C(2004) 3926) (1)........ 58 2006/739/EC: ★ Commission Decision of 20 October 2004 on State Aid implemented by Germany for Bayerische Landesbank — Girozentrale (notified under document number C(2004) 3927) (1)......................... 81 2006/740/EC: ★ Commission Decision of 20 October 2004 implemented by Germany for Hamburgische Landesbank — Girozentrale, now HSH Nordbank AG (notified under document number C(2004) 3928) (1)........................................................................................................ 110 2006/741/EC: ★ Commission Decision of 20 October 2004 on State Aid implemented by Germany for Landesbank Schleswig-Holstein — Girozentrale, now HSH Nordbank AG (notified under document number C(2004) 3930) (1)...................................................................................... 134 Price: 38 EUR (1) Text with EEA relevance (Continued overleaf) Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. EN The titles of all other acts are printed in bold type and preceded by an asterisk. Contents (continued) 2006/742/EC: ★ Commission Decision of 20 October 2004 on aid granted by Germany Landesbank Hessen- Thüringen — Girozentrale (notified under document number C(2004) 3931) (1)........................... 159 2006/743/EC: ★ Commission Decision of 25 January 2006 on the State Aid implemented by the Netherlands for AZ and AZ Vastgoed BV (notified under document number C(2006) 80) (1)................................ 194 2006/744/EC: ★ Commission Decision of 8 March 2006 on the State Aid implemented by Germany for Magog Schiefergruben GmbH & Co. KG (notified under document number C(2006) 641) (1)..................... 196 2006/745/EC: ★ Commission Decision of 8 March 2006 on State Aid — France — Aid to rescue and restructure the Air Lib company (notified under document number C(2006) 649) (1)................................... 205 2006/746/EC: ★ Commission Decision of 4 April 2006 on State Aid No C 33/2005 (ex N 277/2004) which the Netherlands is planning to implement under the Marktpassageplan project in Haaksbergen (notified under document number C(2006) 1184) (1)..................................................................... 207 2006/747/EC: ★ Commission Decision of 26 April 2006 on State Aid which France is planning to implement for Euromoteurs (C 1/2005 (ex N 426/2004)) (notified under document number C(2006) 1540) (1)......... 213 2006/748/EC: ★ Commission Decision of 4 July 2006 on State Aid No C 30/2004 (ex NN 34/2004) implemented by Portugal exempting from corporation tax on capital gains certain operations/transactions by public undertakings (notified under document number C(2006) 2950) (1)................................... 219 EN (1) Text with EEA relevance 7.11.2006 EN Official Journal of the European Union L 307/1 II (Acts whose publication is not obligatory) COMMISSION 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, which had given rise to a capital increase in WestLB through the incorporation of the housing organisation Wohnungsbauförderanstalt (‘WfA’) and on similar increases Having regard to the Treaty establishing the European Commu- in the own funds of the Landesbanks of other Länder. nity, and in particular the first subparagraph of Article 88(2) Germany replied in March and September 1993, providing thereof, a description of the transfer of Wohnungsbau-Kreditanstalt Berlin to Landesbank Berlin — Girozentrale. The Commis- sion requested further information in November and December 1993, which Germany provided in March 1994. Having regard to the Agreement on the European Economic Berlin was explicitly mentioned in the first of the two Area, and in particular Article 62(1)(a) thereof, requests. 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, (3) By letters of 31 May and 21 December 1994, the Bundesverband deutscher Banken e.V. (‘BdB’), an association representing private banks established in Germany, Whereas: informed the Commission that, as at the close of 31 December 1992, Wohnungsbau Kreditanstalt Berlin (‘WBK’) had been transferred, with its assets, to Landesbank I. PROCEDURE Berlin — Girozentrale (‘LBB’), while the tasks previously assigned to WBK had been transferred to the recently set-up Investitionsbank Berlin (‘IBB’), which was operating as a (1) The subject of these proceedings is the transfer, by the Land division of LBB. This increased the own funds at LBB's of Berlin, of Wohnungsbau-Kreditanstalt Berlin, with its disposal, and, in the BdB's view, distorted competition in assets, to Landesbank Berlin — Girozentrale. There are a LBB's favour since the parties had not agreed any further six cases in which proceedings have been initiated remuneration which might be in line with the principle against Germany in connection with transfers of assets to of the market-economy investor. In its second letter, the Landesbanks, and in particular to Westdeutsche Land- BdB accordingly lodged a formal complaint and called on esbank — Girozentrale (‘WestLB’). the Commission to initiate proceedings against Germany under Article 93(2) of the EC Treaty (now Article 88(2)). The complaint also related to similar transfers of assets to Westdeutsche Landesbank, Norddeutsche Landesbank, (2) By letter of 12 January 1993, the Commission asked Landesbank Schleswig-Holstein, Hamburger Landesbank Germany for information on the circumstances and reasons and Bayerische Landesbank. In February and March 1995 and December 1996 several banks associated themselves (1) OJ C 239, 4.10.2002, p. 12. individually with the complaint lodged by the BdB. L 307/2 EN Official Journal of the European Union 7.11.2006 (4) The Commission first examined the transfer of assets to (11) By decision of 18 February 2004, the Commission WestLB. In Decision 2000/392/EC finally adopted in approved the restructuring aid for Bankgesellschaft Berlin 1999 (2), it found that the difference between the AG, to which LBB belongs. The decision also covered an remuneration paid and the normal market remuneration agreement concluded on 23 December 2002 by the Land of constituted state aid which was incompatible with the Berlin and the BGB on the treatment of any claims to common market, and ordered its recovery. This decision repayment brought by the Land of Berlin and arising out of was annulled by the Court of First Instance of the European the state aid case at issue here; this agreement was regarded Communities in a judgment handed down on 6 March as restructuring aid (5). 2003 (3) for not giving sufficient reasons as regards two of the factors used to calculate the appropriate remuneration, but it was confirmed in all other respects. At the same time as the decision in the present proceedings, and having been (12) By letter of 7 April 2004 the Commission asked Germany informed of an understanding between the complainant for further information on all the Landesbank cases, which and all seven Landesbanks concerned, the Commission is Germany sent on 1, 2 and 28 June respectively. adopting a new decision taking account of the Court's criticisms. (13) On 31 August 2004 Investitionsbank Berlin (formerly WBK) was hived off from LBB's assets. Germany sent the (5) On 1 September 1999 the Commission sent Germany a Commission detailed documentation on the related legal request for information on the transfers of assets to the and other provisions on 25 August 2004. other Landesbanks, including LBB. (14) On 27 September 2004 Germany submitted the draft of an (6) By letter of 8 December 1999, Germany submitted understanding between the complainant (the BdB), the Land information on the transfer of WBK to Landesbank Berlin, of Berlin and Landesbank Berlin, the signed version of which it supplemented by letter of 22 January 2001. which reached the Commission on 8 October 2004. This Representatives of Germany and the Commission also understanding covers the appropriate remuneration for the discussed the question of the transfer and possible recovery assets transferred to LBB on 1 January 1993. Similar of any aid in connection with the examination of understandings reached in five other cases involving restructuring aid to Bankgesellschaft Berlin (‘BGB’), to transfers of assets to Landesbanks were also submitted to which Landesbank Berlin has belonged since 1994. the Commission. (7) By letter of 2 July 2002, the