L 250/24 Official Journal of the European Union 2.10.2003 COMMISSION COMMISSION DECISION of 19 March 2003 on State aid granted by Germany to Linde AG (Saxony-Anhalt) (notified under document number C(2003) 647) (Only the German text is authentic) (Text with EEA relevance) (2003/687EC) 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 pursuant to those provisions, Whereas: I. PROCEDURE On 17 October 2002, the Court of First Instance (CFI) annulled Commission Decision 2000/524[EC (') in which the Commission declared aid granted to Linde AG (Linde) incompatible with the common market. The Court thus agreed with the application brought by Linde insofar as the Commission had refused a substantial part of an investment subsidy (the subsidy) as aid to Linde. In May 1998, in the course of its contacts with the German authorities, the Commission became aware of the existence of several transactions involving the Treu- handanstalt (THA), its successor, the Bundesanstalt fiir vereinigungsbedingte Sonderaufgaben (BvS), and the companies UCB Chemie GmbH (UCB) and Linde. These transactions basically concerned the conditions under which carbon monoxide was to be supplied to an amine production site acquired by UCB from Leuna Werke GmbH (LWG) after a privatisation procedure. L 211, 22.8.2000, p. 7. 1 C 194, 10.7.1999, p. 14. 3) Subsequently, by letter dated 7 August 1998, Germany informed the Commission of the background to these transactions and the aid measures involved. By letter dated 18 September 1998, the Commission requested further information, which was provided by letter dated 3 December 1998. The case was registered as NN 16/99 on 3 February 1999. By letter dated 30 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 a DEM 9 million grant to Linde for the construction of a new carbon monoxide production plant and the conditions under which carbon monoxide was currently being supplied to UCB (SG(99)D/2353) (). By letter dated 25 May 1999, Germany submitted its comments. The Commission received no comments from other interested parties. On 18 January 2000, the Commission adopted its partially negative Decision 2000/524/EC. By application lodged at the Registry of the Court of First Instance on 21 April 2000, Linde (supported by Germany) brought an action for annulment of Articles 2 and 3 of Decision 2000/524/EC. The Commission contended that the Court should dismiss the action as unfounded. In its judgment of 17 October 2002 in Case T-98/00 (%), after an oral procedure, the Court upheld Linde's application. Pursuant to Article 233 of the EC Treaty, the Commis- sion must take the necessary measures to comply with the judgment of the Court, i.e. it must adopt a new Deci- sion that meets the requirements of the judgment. (®) Not yet reported.