
Article 1 

1. The regional aid intensity which the Federal Republic of Germany is planning to apply if the conditions for the application of the cohesion bonus are fulfilled, amounting to maximum 23,8224 % GGE of the incurred eligible costs of EUR 114 882 310 in discounted value, and the corresponding regional aid of an amount of EUR 27 367 723 in discounted value, in favour of Sovello AG, are compatible with the common market if a Commission decision authorising ERDF co-financing of an amount of, or exceeding, 25 % of the public expenditure for the project is adopted.
2. The regional aid intensity which the Federal Republic of Germany is planning to apply if the conditions for the application of the cohesion bonus are not fulfilled, amounting to maximum 22,46 % GGE of the incurred eligible costs of EUR 114 882 310 in discounted value, and the corresponding regional aid of an amount of EUR 25 802 567 in discounted value, in favour of Sovello AG, are compatible with the common market.
Article 2 

1. Accordingly, in case a positive Commission decision authorising ERDF co-financing is taken, the aid including cohesion bonus amounting to maximum 23,8224 % GGE of the incurred eligible costs for Sovello2, corresponding to an aid amount of EUR 27 367 723 in discounted value, may be implemented.
2. In case no positive Commission decision authorising co-financing from ERDF will take place, the aid without cohesion bonus amounting to maximum 22,46 % GGE of the incurred eligible costs for Sovello2, corresponding to an aid amount of EUR 25 802 567 in discounted value, may be implemented.
Article 3 
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 17 June 2009.
For the Commission
Neelie KROES
Member of the Commission