2010/358/: Commission Decision of 27 January 2010 on the State aid C 27/08 (ex N 426/05) which Germany implemented for Sovello AG (formerly EverQ GmbH) (notified under document C(2010) 172) (Text with EEA relevance)

The Decision adopted on 7 June 2006 in State aid case N 426/05 is hereby revoked.

The State aid amounting to EUR 9130995 in prices of 2007 unlawfully granted by Germany, in breach of Article 108(3) TFEU, in favour of Sovello is incompatible with the internal market.

1 Germany shall recover the aid referred to in Article 2 from the beneficiary.

2 The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiary until their actual recovery.

3 The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004 .

4 Germany shall cancel all outstanding payments of the aid referred to in Article 2 with effect from the date of notification of this decision.

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 notification of this Decision.

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 interests) to be recovered from the beneficiary; (b) a detailed description of the measures already taken and planned to comply with this Decision; (c) documents demonstrating that the beneficiary has been ordered to repay the aid.

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. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiary.

This Decision is addressed to the Federal Republic of Germany.