3In the course of restructuring Eisenwerk-Gesellschaft Maximilianshütte mbH, established in Sulzbach-Rosenberg (Germany), which was declared insolvent in 1986, the Land of Bavaria took snares in Neue Maxhütte Stahlwerke GmbH (‘NMH’), which was the successor in title to the first company, and granted it, inter alia, shareholder loans in the sum of DEM 49.895 million and DEM 24.1125 million during 1994 and 1995. By Decision 96/178/ECSC of 18 October 1995 and Decision 96/484/ECSC of 13 March 1996 on State aid that the Land of Bavaria granted to the ECSC steel undertaking Neue Maxhütte Stahlwerke GmbH (OJ 1996 L 53, p. 41 and OJ 1996 L 198, p. 40 respectively) the Commission decided that those shareholder loans were State aid incompatible with the common market, and ordered the Federal Republic of Germany to recover that aid. The Federal Republic of Germany and the company concerned brought actions challenging those decisions before, respectively, the Court of Justice and the Court of First Instance. The Court of Justice ordered a stay of proceedings pending judgment by the Court of First Instance.
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