L 6/32 Official Journal of the European Union 9.1.2010 IV (Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty) COMMISSION DECISION of 30 September 2009 on aid scheme No C2/09 (ex N 221/08 and N 413/08) which Germany intends to grant to modernise the general conditions for capital investments (notified under document C(2009) 7387) (only the German text is authentic) (Text with EEA relevance) (2010/13/EQ) 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 the provisions cited above (') and having regard to their comments, Whereas: 1. PROCEDURE By letter dated 30 April 2008, registered at the Commission on the same day, the German authorities notified the Commission of two measures relating to liability for trade tax and exemption from the restriction on loss carry forward (N 221/08), for the purpose of legal certainty. By letters dated 26 June and 23 October 2008 the Commission asked for additional information. Germany responded by letters dated 24 July and 21 November 2008, registered on the same day. By letter dated 22 August 2008, registered at the Commission on the same day, the German authorities notified the Commission of a third measure concerning tax benefits for private investors (N 413/08), for the purpose of legal certainty. A meeting between the German authorities and DG COMP took place on 9 October 2008. Germany then submitted additional information by letter dated 19 November 2008, registered on the same day. () O] C 60, 14.3.2009, p. 9. G) On 28 January 2009 the Commission initiated the formal investigation procedure for all three measures. The summary of the decision was published in the Official Journal on 14 March 2009 (3. The German authorities submitted their observations in a letter dated 3 March 2009, registered on the same day. Third parties submitted their comments in letters dated 9 and 14 April 2009, registered on the same day. Germany was informed of these comments on 23 April 2009 and submitted its response thereto in a letter dated 22 May 2009, registered on the same day. 2. DESCRIPTION 2.1. Objective of the measures and budget The notifications relate to three tax measures and include two definitions of beneficiaries. All measures have been incorporated into the Bill to Modernise the General Conditions for Capital Investments (Gesetz zur Modern- isierung der Rahmenbedingungen fiir Kapitalbeteiligungen, hereinafter ‘MoRaKG). These measures have the common objective of facilitating the provision of private venture capital to a specific group of companies, defined as ‘target enterprises’ (hereinafter TE). The first measure (registered under N 221/08) aims to facilitate the provision of risk capital by applying specific eligibility criteria for ‘venture capital companies’ (here- inafter VCC) to be exempted from the liability for trade tax (Gewerbesteuerpflicht). Germany estimates the annual tax loss from this measure at EUR 90 million. The second measure (also registered under N 221/08) mitigates the restrictive anti-abuse rules on loss deduction, allowing TEs to carry forward the losses if a VCC acquires their shares. Germany estimates the annual tax loss from this measure at EUR 385 million. (?) See footnote 1.