COMMISSION DECISION
of 30 June 2004
on the State aid implemented by Germany for the Herlitz Group
(notified under document number C(2004) 2212)
(Only the German text is authentic)
(Text with EEA relevance)
(2005/878/EC)
I. PROCEDURE
II. THE MEASURES
1. The relevant undertaking
|
1997 |
1998 |
1999 |
2000 |
2001 |
2002 total |
2002 1.1.2002 to 16.9.2002 |
2002 17.10.2002 to 31.12.2002 |
2003 |
Turnover in EUR million(6) |
714 |
630 |
567 |
490 |
438 |
376 |
255 |
121 |
347 |
Net income/loss in EUR million(6) |
– 51 |
– 37 |
– 46 |
– 51 |
– 134 |
99 |
51 |
48 |
1,7 |
Employees(6) |
5 420 |
4 483 |
4 228 |
3 380 |
2 984 |
3 096 |
3 181 average |
3 109 average |
No major change |
Capital in EUR million(6) |
171 |
123 |
70 |
18 |
– 55 |
43 |
– 6 |
43 |
43 |
Bank liabilities in EUR million(6) |
172 |
365 |
373 |
356 |
297 |
89 |
250 |
89 |
63 |
2. The financial measures
(a) The ‘old’ measures
(b) The rescue aid loan
(c) Restructuring through insolvency plans (Insolvenzpläne)
Group |
Creditors of Herlitz AG (public or private creditor) |
Description of claim |
Security of claim |
Claims in EUR million |
Waived claims in EUR million |
HAG 1 |
Banks with right to separate satisfaction (public and private) |
Credits dating from before 3 April 2002 |
Right to separate satisfaction from movables |
[130 to 140](13) |
[up to 135] * |
HAG 2 |
Former management and employees (private) |
Future pension claims, salary for the period before 3 April 2002, redundancy payment |
None |
[35,91] * |
[…] * |
Lessor of grounds at Spandau (private) |
Rent, damages for termination of contract |
None |
[…] * |
||
Suppliers (private) |
Claims from supplies and services before 3 April 2002, damages for termination of contract |
None |
|||
Mutual Insurance Association (public) |
Future pension claims |
None |
[8,43] * |
||
Federal Employment Agency (public) |
Claim for compensation of the insolvency benefit paid to employees (1 January 2002 to 4 June 2002) |
None |
|||
Health Insurance Funds (public) |
Contributions for the period (5 March 2002 to 4 June 2002) |
None |
|||
Tax authority of Alfeld (public) |
Tax on the sale of real estate from the sale of an ownership share before 2002 |
None |
|||
Liegenschaftsfonds (public) |
Rent interest for Berlin-Spandau |
None |
|||
Overall waivers in group HAG 2: EUR 0,5 million quota was distributed according to the size of the claims, and the remaining part of the claims was waived |
|||||
HAG 3 |
Tax authority of Berlin (public) |
Trade tax, corporate income tax and sales tax for the period ending 5 June 2002 |
None |
[2,0] *(12) |
[2,0] *(12) |
Overall waivers in group HAG 3: 100 % of the claims was waived |
|||||
HAG 4 |
Connected undertakings (private) |
All claims against Herlitz AG |
None |
109 |
108 |
HAG 5 |
Lower-ranking creditors (private or public) |
Interests, costs, fines etc. |
None |
Not specified |
Not specified |
Group |
Creditors of Herlitz PBS AG (public or private creditor) |
Description of claim |
Security of claim |
Claims in EUR million |
Waived claims in EUR million |
PBS 1 |
Suppliers with right to separate satisfaction (private) |
Claims from supplies and services before 3 April 2002 |
Right to separate satisfaction from movables |
[3 to 6] * |
0 |
PBS 2 |
Employees (private) |
Future salary claims |
None |
[40 to 50] */year |
[2 to 4] * in 2002 [4 to 5] */year from 2003 |
PBS 3 |
Tax authority of Berlin (public) |
Corporate income tax March 2002 |
None |
[11,50] * |
[…] * |
Tax authority of Berlin (public) |
Real estate tax for the period January-March 2002 |
None |
|||
Tax authority of Berlin (public) |
Real estate tax for 1996 |
None |
|||
Federal Employment Agency (public) |
Claim for compensation of the insolvency benefit paid to employees (1 April 2002 to 4 June 2002) |
None |
|||
Health Insurance Funds (public) |
Contributions for the period 5 March 2002 to 4 June 2002 |
None |
|||
Liegenschaftsfonds (public) |
Ground rent for the period April to June 2002 |
Lower-ranking land charge |
|||
Land of Berlin (public) |
Claim for repayment of loan for the move |
None |
|||
Overall waivers in group PBS 3: 100 % of the claims was waived |
|||||
PBS 4 |
Connected undertakings (private) |
All remaining claims from connected undertakings in the Herlitz Group |
None |
139 |
139 |
PBS 5 |
Former management and executive employees (private)(14) |
Future pension claims, salary for the period before 3 April 2002, redundancy payment |
None |
[private creditors 22,61; public creditors 19,56] * |
[…] * |
Mutual Insurance Association (public) |
Future pension claims |
None |
|||
Private Leasing Banks (private) |
Unpaid and capitalised future leasing payments |
None |
|||
Austrian Post (private for this case) |
Complaint credit note and returned bonus |
None |
|||
Employer's Liability Insurance Association (public) |
Accident insurance fees |
None |
|||
Main Customs Office (public) |
Import sales tax, customs duty |
None |
|||
Duales System Deutschland (private) |
Fees for ‘Der Grüne Punkt’ recycling system |
None |
|||
Health Insurance Funds (public) |
Contributions for the period (1 to 4 March 2002) |
None |
|||
Liegenschaftsfonds (public) |
Ground rent for the period July to September 2002 |
Lower-ranking land charge |
|||
Other private suppliers without securities (private) |
Claims from supplies and services before 3 April 2002, damages for termination of contract |
None |
|||
Overall waivers in group PBS 5: 90 % of the claims was waived |
|||||
PBS 6 |
Banks with right to separate satisfaction (private and public) |
Credits dating from before 3 April 2003 |
Right to separate satisfaction from movables |
[100-120] *(15) |
(waived all but EUR 76,75 million) |
PBS 7 |
Lower-ranking creditors (private or public) |
Interests, costs, fines etc. |
None |
Not specified |
Not specified |
(d) The decision to initiate proceedings under Article 88(2) of the Treaty
III. COMMENTS FROM INTERESTED PARTIES
IV. COMMENTS FROM GERMANY
1. Germany’s comments on the rescue aid loan
2. Germany’s comments on the restructuring through insolvency plans
3. Germany’s comments on the
Land
of Berlin and the Liegenschaftsfonds
V. LEGAL ASSESSMENT
1. Existence of aid
(a) The ‘old’ measures
(b) Aid in the rescue aid loan and the waivers of the insolvency proceedings
2. Assessment in the light of the Guidelines
(a) Aid beneficiary
(b) Firm in difficulty
(in EUR million) |
||||
|
31.12.1998 |
31.12.1999 |
31.12.2000 |
31.12.2001 |
Registered capital |
94,8 |
94,8 |
94,8 |
46,5 |
Source: the Herlitz Group’s Annual Reports for the years 1999 and 2001 to 2002. |