Contents
THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,Having called on interested parties to submit their commentsnote and having regard to their comments,Whereas:
HAS ADOPTED THIS DECISION:
Article 1#
The alleged measure concerning annual loss coverage, which Germany has implemented, does not constitute aid within the meaning of Article 107(1) TFEU.
Article 2#
The 2015 capital injection of EUR 64,8 million, unlawfully put into effect by Germany, in breach of Article 108(3) TFEU, is incompatible with the internal market.
Article 3#
1.Germany shall recover the incompatible aid referred to in Article 2 from WestSpiel, which merged with WestSpiel GmbH and is now named ‘Merkur Spielbanken NRW GmbH’.
2.The sums to be recovered shall bear interest from the date on which they were put at the disposal of WestSpiel until their effective recovery.
3.Germany shall ensure that WestSpiel does not receive any compensation for the amounts subject to this Decision. In particular, WestSpiel shall not receive, directly or indirectly, from Germany any amounts due to the application of the indemnity clause of WestSpiel’s Sale and Purchase Agreement.
4.The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004note.
Article 4#
1.Recovery of the aid referred to in Article 2 shall be immediate and effective.
2.Germany shall ensure that this Decision is implemented within four months following the date of its notification.
Article 5#
1.Within two months following notification of this Decision, Germany shall submit the following information to the Commission:
(a)the total amount (principal and recovery interest) to be recovered from WestSpiel;
(b)a detailed description of the measures already taken and those planned to comply with this Decision;
(c)documents demonstrating that WestSpiel has been ordered to repay the aid referred to in Article 2.
2.Germany shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 2 has been completed. Upon a simple request by the Commission, Germany shall immediately submit information on the measures already taken and those planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from WestSpiel. Germany shall also report to the Commission on whether and in which way the indemnity clause referred to in recital (209) has been applied.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.