Question by Sahra Wagenknecht, 29 August 2006

1. Would it have been consistent with the above decision to separate the Berliner Sparkasse from the Bankgesellschaft Berlin AG group before the State of Berlin sells its shares in Bankgesellschaft Berlin AG ? If not, how does the Commission justify the fact that the Berliner Sparkasse must be included in the sale?

2. Would it have been consistent with the above decision for the law governing the Berliner Sparkasse to provide for a board of directors consisting of representatives of civil society players who decide on the general principles of business policy and appoint the executive committee?

3. Would it have been consistent with the above decision if this had resulted in the Berliner Sparkasse making only an extremely small profit?

Answer given by Mrs Kroes on behalf of the Commission, 22 September 2006

1. The State of Berlin decided by the act on Berliner Sparkasse and the transformation of the Landesbank Berlin — Girozentrale — into a stock corporation (Berlin Savings Bank Act — BSpkG) that the 'Berliner Sparkasse' shall be continued as a 'public law savings bank in the legal form of an agency of public law with partial legal capacity', which is held by the Landesbank Berlin AG. In light of this fact, the Commission is not able to comment on the compatibility with state aid law of alternative approaches which have not been taken up in the Berlin Savings Bank Act.

2. The Commission cannot comment on the hypothetical compliance of a 'board of directors consisting of representatives of civil society players', because it does not know which exact competences this board of directors could have and how it could be composed. Should the Honourable Member be in possession of more concrete information on this issue, the Commission would be grateful to receive it.

3. The Commission refers to its answer to the preceding question. As the details of the cited board of directors are not known to the Commission, it cannot assess whether a situation where the participation of such a board of directors could result in low profits would be compatible with the state aid decision of 18 February 2004.