23.12.2003 Official Journal of the European Union L 3371 I (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 23 December 2002 on the State aid implemented by Germany for Klausner Nordic Timber GmbH & Co. KG, Mecklenburg-Western Pomerania (notified under document number C(2002) 5378) (Only the German text is authentic) (Text with EEA relevance) (2003/875/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (2) By letter of 17 August 2000, Germany was required by the Commission in accordance with Article 10(3) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (%) and with the judgment of the Court of Justice of the European Communities of 5 October 1994 in Case 47/91 Italy v Commission () to present all the information necessary to assess whether the measures in favour of KNT were covered by aid schemes which had previously been approved by the Commission. 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, (3) By letter of 13 November 2000, the annexes to which were received by separate post on 16 November, Germany provided some of the information necessary to assess whether the aid recipient was to be regarded as an SME within the meaning of the Community guidelines on State aid for small and medium-sized enterprises (*) (‘Community SME guidelines’) and Commission Recommendation 96/280/EC of 3 April 1996 concerning the definition of small and medium-sized enterprises (°) and, therefore, as being eligible for aid in the assisted areas where the two projects are located, with a maximum gross aid intensity of 50 %. Whereas: 1. PROCEDURE 1.1. Stages of the procedure (1)  Following a series of complaints concerning State aid granted to Klausner Nordic Timber GmbH & Co. KG (hereinafter ‘KNT), Germany was asked by the Commission in 1999 and 2000 to provide all relevant information that would enable it to examine whether the aid was compatible with the common market. The (4)  The Commission informed Germany by letter of 20 measures concerned State aid granted to KNT for the construction and expansion of a sawmill in Wismar (Mecklenburg-Western Pomerania). The information provided by Germany was deemed to be incomplete and did not allay the Commission’s concerns as to whether the measures were compatible with previously approved aid schemes. 3 June 2001 of its decision to initiate the procedure under Article 88(2) of the EC Treaty and to require the provision of information in accordance with Article 10(3) of Council Regulation (EC) No 659/1999. %) OJ L 83, 27.3.1999, p. 1. () () [1994] ECR 1-4635. (*) OJ C 213, 23.7.1996, p. 4. C) (M) OJ C 219, 4.8.2001, p. 3. °) OJ L 107, 30.4.1996, p. 4.