
Article 1 
The state aid which Germany has implemented for Hamburgische Landesbank — Girozentrale, now HSH Nordbank AG, amounting to EUR 90,75 million in the period from 1 January 1993 to 1 June 2003 is incompatible with the common market.
Article 2 
Germany shall take all necessary measures to discontinue and recover from the beneficiary the aid referred to in Article 1 and unlawfully made available to it.
Article 3 
Recovery shall be effected without delay and in accordance with the procedures of national law provided that they allow the immediate and effective execution of the Decision.
The aid to be recovered shall include interest from the date on which it was at the disposal of the beneficiary until the date of its recovery.
Interest shall be calculated in accordance with the provisions of Chapter V of Commission Regulation (EC) No 794/2004.
Article 4 
Germany shall inform the Commission, within two months of notification of this Decision, of the measures which were taken and which it intends to take in order to meet the commitments described in this Decision.
Article 5 
This Decision is addressed to the Federal Republic of Germany.
Brussels, 20 October 2004.
For the Commission
Mario MONTI
Member of the Commission
ANNEX
1.  1.1. 

Date(s) of payment Amount of aid Currency Identity of recipient
   
   
   



Comments:
 1.2. Please explain in detail how the interest payable on the amount to be recovered will be calculated.

2.  2.1. Please describe in detail what measures have been taken and what measures are planned to bring about the immediate and effective recovery of the aid. Please also explain which alternative measures are available in national legislation to bring about recovery of the aid. Where relevant, please indicate the legal basis for the measures taken or planned.
 2.2. By what date will the recovery of the aid be completed?

3.  3.1. 

Date(s) Amount of aid repaid Currency Identity of recipient
   
   
   

 3.2. Please attach supporting documents for the repayments shown in the table at point 3.1.
