L 308/28 Official Journal of the European Communities 27.11.2001 COMMISSION COMMISSION DECISION of 25 July 2001 on State aid C 67/99 (ex NN 148/98) implemented by Germany for the Dampfkesselbau Hohenturm group, Germany (notified under document number C(2001) 2382) (Only the German text is authentic) (Text with EEA relevance) (2001/825EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having called on interested parties to submit their comments (') pursuant to Article 88(2) of the EC Treaty and pursuant to Article 6(1) of Council Regulation (EC) No 659/ 1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (), Whereas: I. PROCEDURE (1) By letter dated 27 December 1996, the Commission notified Germany of its decision to approve aid totalling DEM 32,5 million in connection with the privatisation and restructuring of Dampfkesselbau Hohenturm GmbH (?). That decision stipulates that annual restruc- turing reports have to be provided to the Commission. By letter dated 20 November 1998, Germany presented the 1997 report on the progress of the company's restructuring. () O] C 379, 31.12.1999, p. 4. () O] L 83, 27.3.1999, p. 1. () State aid N 729/96; Commission letter dated 27.12.1996 (SG (96) D/11702). 20 In that communication Germany informed the Commis- sion about the failure of the original restructuring plan approved by the Commission and about a substantial modification of the plan involving new restructuring measures which potentially contained state aid elements of up to DEM 13,825 million. By letter dated 31 March 1999, Germany provided the Commission with further information. (3) By letter dated 25 October 1999, the Commission informed Germany that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the aid. The Commission decision to initiate the procedure was published in the Official Journal of the European Communities (¥). The Commission invited other interested parties to submit their comments on the aid, but it received no comments. (4)  After Germany had delivered its comments on the opening of procedure by letter dated 27 January 2000, the Commission requested additional information by letter dated 22 February, which was answered by Germany by letter dated 14 April. At a meeting in Brussels on 16 May, the Commission informed Germany of its misgivings in the matter. Germany provided addi- tional information by letter dated 22 November. Final questions were raised by the Commission in a letter dated 8 January 2001. These questions were answered by letter dated 15 February. (*) See footnote 1.