L 66/36 Official Journal of the European Union 11.3.2003 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 9 April 2002 on measures taken by Germany providing assistance towards industrial plant to firms in Thuringia through the Landesentwicklungsgesellschaft Thiiringen (notified under document number C(2002) 1339) (Only the German text is authentic) (Text with EEA relevance) (2003/162/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, 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 ('), and having regard to the comments received, Whereas: 1. PROCEDURE (1) By letters dated 23 April 1997 and 6 October 1997 the Commission received information from third parties concerning the activities of Landesentwicklungsge- sellschaft mbH Thiiringen (LEG Thiiringen), which might not be compatible with Community State aid legislation. By letters dated 15 May 1997 and 13 November 1997 the Commission asked Germany to supply certain further details and any other relevant information. Germany supplied additional information by letters of 1 July 1997, 7 July 1998, 13 July 1998, 23 September 1998, and 9, 18 and 30 December 1998. (2) By letter dated 3 March 1999 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 aid towards industrial plant which the Land of Thuringia might have granted via LEG Thiiringen. () OJ C 280, 2.10.1999, p. 8. (3)  The Commission decision to initiate the procedure was published in the Official Journal of the European Commu- nities (). The Commission invited interested parties to submit their comments. (4 The Commission received comments from interested parties and forwarded them to Germany by letter dated 6 January 2000; Germany submitted its observations on the comments by letter dated 17 September 2001. 2. DETAILED DESCRIPTION (5)  LEG Thiiringen is a private limited company (GmbH) set up in 1992 by the Government of the Land of Thuringia, under private law, for an indefinite period. The share- holders are the Land of Thuringia (with a 97,6 % holding); Landeswohnungs- und Stddtebaugesellschaft Bayern GmbH, Niurnberg (1,2%); and Wohnstatt Stadtentwicklungs-  und ~ Wohnungsbaugesellschaft Hessen mbH, Kassel (1,2 %). (6)  The Government of Thuringia has given LEG Thiiringen power to act in several areas (}). The Commission initiated the formal investigation procedure only in respect of LEG Thirringen's role in connection with industrial plant. According to its memorandum and arti- cles of association (Gesellschaftsvertrag), LEG Thiiringen is to provide assistance in any form in connection with tasks and measures which are in the interests of Thur- ingia and which seek to promote structural develop- ment, in particular building, infrastructure and economic development. () See footnote 1. () For further details see the Commission decision initiating the formal investigation, and in particular points 2.2 to 3.1 (footnote 1).