L 31/80 Official Journal of the European Communities 1.2.2002 COMMISSION COMMISSION DECISION of 3 July 2001 on the State aid implemented by Germany for KHK Verbindetechnik GmbH Brotterode (notified under document number C(2001) 1781) (Only the German text is authentic) (Text with EEA relevance) (2002/71[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 By letter from Germany dated 14 June 1999, the Commission was informed that Germany had imple- mented aid for KHK Verbindetechnik GmbH Brotterode (KHK). By letters dated 8 October 1999, 20 December 1999, 13 January 2000, 27 March 2000 and 3 July 2000, Germany provided the Commission with further information. By letter dated 17 October 2000, 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 Communi- ties. () The Commission invited interested parties to submit their comments on the aid. () O] C 27, 27.1.2001, p. 30. () See footnote 1. (4) The Commission received comments from interested parties. It forwarded them to Germany, which was given the opportunity to react. II. DETAILED DESCRIPTION OF THE AID 1. The company The company was established in 1996, when the receiver sold the assets of a company in bankruptcy, Metallverarbeitung Brotterode GmbH (MVB’) (%). The bankruptcy proceedings in respect of MVB were effectively opened on 1 July 1996. The receiver continued production while seeking a new investor. Negotiations were entered into with six candidates. Finally, only one of them — comprising four private persons, three of them employed by MVB — was chosen as the best bidder. These private investors founded the new company KHK Verbindetechnik GmbH Brotterode (KHK). KHK acquired some of MVB's production facili- ties by means of an asset deal. MVB's assets, in particular the necessary buildings and machinery, were sold to KHK by the receiver for DEM 1,2 million. () In the Commission decision initiating the formal investigation procedure, it is stated in paragraph 3 that the aid linked to the first rivatisation is compatible with the common market since it comp- ed with the Treuhand regimes and aid schemes approved by the Commission. Therefore, only aid linked to the second privatisation is assessed in the decision. See footnote 1.