ANNOUNCEMENT 01 Jan 2009In January 2009, the government of Germany announced a change in private-sector financial support.
NUMBER OF INTERVENTIONS
The letter from the Eoropean Commission to Germany - Brussels, 28.11.2008 K(2008) 7615 corr. Avaliable from < http://ec.europa.eu/competition/elojade/isef/case_details.cfm?id=3_226200 >
On 18 June 2008 the German authorities notified the above mentioned measure, pursuant to Article 88(3) EC.
The scheme concerns aid to R&D as regards traffic and infrastructure in Germany. It supports, amongst others, measures on intelligent logistics, intelligent infrastructure, mobility, traffic, road safety and environmental issues.
The total budget for the period 2009-2014 will be EUR 360 million. The yearly budget will be EUR 60 million. The aid will be funded through the Federal Budget. The scheme will use direct grants.
Beneficiaries of the scheme will be enterprises of any size and sector. The German authorities estimate that there will between 501 and 1000 beneficiaries.
Research projects that belong to the following categories fundamental research, industrial research or experimental development can be supported under the scheme.
The Commission made the following assessment:
"The measure under assessment involves State resources, as it will be financed through the budget of the State. The measure is selective, as it will benefit a limited number of firms, which will receive an advantage through this support. Finally, since these firms are or can be active in intra-Community trade, the measure will also have an effect on trade. Thus, the scheme meets the conditions of Article 87 (1) EC insofar as grants are awarded to enterprises." (par. 35 of the EC's letter to Germany - Brussels, 28.11.2008 K(2008) 7615 corr. ).
The Commission assessed the compatibility of the aid measures described above on the basis of the R&D&I Framework (Community Framework for State Aid for Research and Development and Innovation). The Commission concluded that the notified scheme respected all the necessary conditions set out in the R&D&I Framework. In consequence, the Commission stated that the aid measure is compatible with the EC Treaty in application of its Article 87 (3) (c). (par. 36-42 of the letter).
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.