Article 1
1.The following measures for the Bankgesellschaft Berlin AG group (‘BGB’) constitute state aid within the meaning of Article 87(1) of the EC Treaty:
(a)the capital injection of EUR 1,755 billion by the Land of Berlin in August 2001;
(b)the guarantees (‘risk shield’) with a maximum nominal value of EUR 21,6 billion granted by the Land of Berlin on 20 December 2001 and 16 April 2002;
(c)the agreement of 26 December 2002 between the Land of Berlin and the Landesbank Berlin (LBB) on the treatment of any claims brought by the Land of Berlin against LBB following a final decision by the Commission in case C 48/2002, which is pending.
2.The aid measures referred to in paragraph 1 are compatible with the common market, provided that Germany fully observes the undertakings communicated by Germany and set out in Article 2(1) of this decision and in the Annex hereto and provided that the aid referred to in paragraph 1(c) does not give rise to a core‐capital ratio, as at 1 January 2004 of over 6 % for BGB group (taking into account the hiving‐off of IBB in accordance with Article 2(1)(d).