L 62/44 Official Journal of the European Communities 5.3.2002 COMMISSION DECISION of 10 October 2001 on the State aid implemented by Germany for Zeitzer Maschinen, Anlagen, Gerite ZEMAG GmbH (notified under document number C(2001) 2957) (Only the German text is authentic) (Text with EEA relevance) (2002/186/EC) 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: ©) I. PROCEDURE In reference to a press article in the Frankfurter Allgemeine Zeitung of 30 September 1997 on the second privatisation of Zeitzer Maschinen, Anlagen, Gerite ZEMAG GmbH (hereinafter referred to as ‘ZEMAG)), the Commission requested information from Germany. By letter dated 24 March 1998, Germany notified the Commission of restructuring aid for the second restructuring of ZEMAG in accordance with Article 88(3) of the EC Treaty. By letter dated 5 May 1998, the Commission informed Germany that the case had been registered as non-notified aid since some of it had already been committed and partly disbursed before the Commission could take a position on it. By letters dated 8 June 1998, 2 March 1999, 18 June 1999, 6 December 1999, 23 May 2000 and 18 October 2000, the Commission requested additional information from Germany, which replied by letters dated 20 July 1998, 8 September 1998, 24 March 1999, 26 August 1999, 20 January 2000, 9 February 2000, 10 October 2000 and 22 November 2000. Talks took place on 30 March 1999 in Berlin and on 21 January 2000 in Zeitz with representatives of Germany and the investor. By letter dated 1 February 2001, 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. At the same time, it informed Germany of its decision to issue an information injunction under Article 10(3) of Council Regulation (EC) No 659/1999 (3. The Commission decisions to initiate the procedure and to issue the information injunction were published in the Official Journal of the European Communities (*). The Commission invited interested parties to submit their comments on the aid. On 5 June 2001 the bankruptcy administrator for ZEMAG issued his opinion on the initiation of the procedure. Germany responded to the injunction and to the initiation of the procedure on 16 January 2001, 11 May 2001 and 16 July 2001. () O] C 133, 5.5.2001, p. 3. () O] L 83, 27.3.1999, p. 1. () See footnote 1.