ANNOUNCED AS TEMPORARYNo
According to the complainant (Hüpeden & Co. (GmbH & Co.) KG), "The complaint relates to an €12 600 000 direct grant granted to Getzner Textil Weberei GmbH by the State of Thuringia (through the Thüringer Aufbaubank) for an €47 000 000 investment in the construction of a new production hall [...]"
The complainant alleged that, "two aid measures were granted to Getzner Textil Weberei GmbH: (i) the direct grant provided as regional investment aid, and (ii) the sale of land below its market value [...]" by the city of Gera (location of the new production hall).
As far as the direct grant is concerned, the European Commission recognized that the "[...] aid was granted to a single company [and] thus [...] selective." and that the company "[...] benefits from an economic advantage over its competitors [...]", but the financial grant did not constitute a violation of state-aid rules, because it was granted under the "Gesetz über die Gemeinschaftsaufgabe "Verbesserung der regionalen Wirtschaftsstruktur (GWRG) vom 6 August 2009", which referrs to the "Regional Block Exemption Regulation".
Notably the European Commission stated "The aid was granted by the German authorities for an investment resulting in the production of Africa damask. Since this product can be traded between Member States and the measure strengthens the competitive position of Getzner Textil Weberei GmbH, it is likely to affect trade between Member States and has the potential to distort or threaten to distort competition."
A state measure in the GTA database is assessed solely in terms of the extent to which its implementation affects the extent of discrimination against foreign commercial interests. On this metric, the state aid proposed here is discriminatory.
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