26. 11. 97 Official Journal of the European Communities L 323/29 COMMISSION COMMISSION DECISION of 15 July 1997 ordering Germany to provide all documentation, information and data on the restructuring of SHB Stahl- und Hartgulwerke Bosdorf AG, Saxony, and on the aid granted to it (C 9/97 ex NN 2/97 and N 645/96) (Only the German text is authentic) (Text with EEA relevance) (97/793/ EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Articles 5, 92 and 93 thereof, and to the Agreement establishing the European Economic Area, and in particular Articles 61 and 62 thereof, Whereas: On 12 June 1996 the Commission decided not to raise any objection to the aid notified in connection with the restructuring of the company Stahl- und Hartgulwerke Bosdorf AG (‘SHB’)('). The aid is restructuring aid amounting to DM 5 million provided by the Consolida- tion Fund of Saxony in the form of a five-year equity holding. On 19 August 1996 Germany notified further restruc- turing aid for SHB. The new notification related to the following two measures taken by the Bundesanstalt fiir vereinigungsbedingte Sonderaufgaben (‘BvS’) for SHB: a non-repayable grant amounting to DM 4,5 million for 1996 and a deferral of redemption payments on a DM 1,5 million loan. By letter D/52537 of 11 September 1996 the Commission requested additional information. By letter dated 14 November 1996 (registered under A/38134) Germany informed the Commission that the insolvency proceedings requested by SHB on 18 October 1996 had been initiated and confirmed that the relevant aid had " already been granted in the first quarter of 1996. The aid had therefore been granted without the Commission having been informed of the fact and at a time when it was still examining the aid approved under the decision () State aid No N 743/95, letter D/5958 of 28 June 1996. of 12 June 1996. The Commission therefore entered the aid in the register of unnotified aid (NN 2/97), and the aid must be regarded as unlawful. On § February 1997 the Commission decided to initiate Article 93 (2) proceedings in respect of all the restruc- turing measures for SHB. On 31 May 1997 the initiation of proceedings was published in the Official Journal of the European Communities (%). In the letter informing Germany of the initiation of the proceedings (letter D/1420 of 25 February 1997), Germany was called upon by the Commission to take forthwith the necessary steps to enter the BvS’s claim on the list of creditors in the insolvency proceedings. This was done in respect of the second aid instalment granted by the BvS. The equity participation by the Saxon Con- solidation Fund initially scheduled for five years was with- drawn on 22 October 1996. Germany answered by letter dated 7 April 1997. The Commission had, in connection with the initiation of proceedings, requested more detailed information on the restructuring plan, which was a precondition for the second grant of aid, and on the implementation of the plan on which the Commission’s first decision was based. The answers are still not complete and do not contain the details requested. On 29 April 1997 Germany sent the Commission an annual report on the implementation of the restructuring plan for the first grant of aid. The report is incomplete and does not contain any information on the implemen- tation of the original plan. () O] C 165, 31. 5. 1997, p. 10.