L 103/50 Official Journal of the European Union 24.4.2003 COMMISSION DECISION of 27 November 2002 on the State aid implemented by Germany for Ambau Stahl- und Anlagenbau GmbH (notified under document number C(2002) 4483) (Only the German text is authentic) (Text with EEA relevance) (2003/261/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, 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 (1) By letter dated 29 December 1999 Germany informed the Commission of aid to Ambau Stahl- und Anlagenbau GmbH (Ambau). The aid case was registered under NN 11/2000. By letters dated 21 January, 15 May and 26 October 2000, the Commission asked for further information. Germany replied by letters dated 4 April, 22 June and 14 December 2000. (2) By letter dated 16 March 2001, the Commission infor- med Germany that it had decided to initiate the pro- cedure laid down in Article 88(2) of the EC Treaty in respect of the aid and invited interested parties to submit their comments (2). The case was then registered as C 15/ 2001. Comments presented by Germany were received on 19 and 20 June 2001. Comments from the aid recipient were received by letter dated 28 June 2001. By letter dated 28 December 2001, the Commission informed Germany that it had extended the proceedings () 0] C 179, 23.6.2001, p. 6 and O] C 105, 1.5.2002, p. 7. (2) See footnote 1. to include measures supposedly granted under approved schemes and again invited interested parties to submit their comments (}). Comments from Germany on the extension of the proceedings were received on 7 Febru- ary 2002. The Commission requested further infor- mation from Germany by letter of 16 September 2001. Germany replied by letter dated 17 October 2001. Further comments from the aid recipient were received by letter dated 23 May2002. [I. DESCRIPTION 1. The beneficiary (3)  The case concerns financial measures for the restructur- ing of the Grifenhainichen plant of Ambau, a company situated in the new German Linder which is active in the sector of process plant engineering. Ambau operates two production plants in the new German Linder. One is situated in Sperrenberg, Brandenburg, and the other in Grifenhainichen, Saxony-Anhalt. (4)  The plant in Grifenhainichen was formerly owned by Anhaltiner Stahl- und Anlagenbau (ASTA), a State- owned company. In 1990, ASTA was taken over by the Treuhandanstalt (THA), which in 1992 privatised the company through a management buy-out (MBO). In 1996, ASTA incurred losses of DEM 7,5 million and subsequently had to file for bankruptcy. Until the end of 1997, the operation of ASTA was continued by the administrator. (5)  In December 1997, Ambau took over the production of ASTA as well as 92 of the former 270 employees. Before the take-over, Ambau employed 42 people at its plant () See footnote 1.