No L 5/30 Official Journal of the European Communities 9.1.97 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 26 June 1996 concerning German aid granted to Mercedes-Benz in Ludwigsfelde (Brandenburg) (Only the German text is authentic) (Text with EEA relevance) (57/13/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93 (2) thereof, Having regard to the Agreement establishing the Euro- pean Economic Area, and in particular Article 62 (1) (a) thereof, Having given the parties concerned the opportunity to submit their comments, in accordance with the first subparagraph of Article 93 (2) (1), Whereas: I By letter dated 14 January 1992('), the Commission informed the German authorities of its decision of 18 December 1991 to initiate the procedure of Article 93 (2) of the EC Treaty with respect to certain State aid measures proposed by them for Mercedes-Benz (MB) in the new Ldnder, and in particular in the Land of Bran- denburg. In initiating the procedure, the Commission expressed serious doubts as to the compatibility of the aid, for the following reasons: — the planned measures had not been properly notified to the Commission in accordance with the procedure of Article 93 (3) of the Treaty and could not yet be accurately quantified, () OJ No C 68, 17. 3. 1992, p. 8. — a high aid intensity proposed for a project that might involve a significant expansion of capacity within the Buropean truck market could give rise to distortion of competition, ‘ — insufficient evidence had been presented to justify the combination of a relatively high intensity of regional aid and the granting of indirect investment as well as temporary operating aid by the Treuhandanstalt (THA), given the structural and economic problems in the new Ldnder, indeed, it was feared that the overall aid intensity might be disproportionately high and incompatible with the Community Framework on State aid to the motor vehicle industry (3). 11 By letters dated 19 September and 14 December 1990 and 14 March 1991, the Commission called on the German authorities to notify, in accordance with the Community framework on State aid to the motor vehicle industry, certain aid measures in support of investment by Mercedes-Benz AG in the new German Ldnder and stressed that such aid could not be granted without prior notification and approval by the Commission. The German Government explained by letter dated 29 May 1991 that, in its view, the Community framework did not apply to the new German Ldnder between 1 January and 31 March 1991 because it had been due to expire by the end of 1990 and its renewal by the Commission in () OJ No C 123, 18. 5. 1989, p. 3.