No L 253/22 Official Journal of the European Communities 21. 10. 95 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 4 April 1995 concerning State aid that the Freistaat Bayern, a regional authority of the Federal Republic of Germany, intends to grant to the ECSC steel undertakings Neue Maxhiitte Stahlwerke GmbH, Sulzbach-Rosenberg, and Lech-Stahlwerke GmbH, Meitingen-Herbertshofen (Only the German text is authentic) (Text with EEA relevance) (95/422/ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 4 (c) thereof, Having regard to Commission Decision No 3855/91/ ECSC of 27 November 1991 establishing Community rules for aid to the steel industry ('), Having given notice, in accordance with Article 6 (4) of that Decision, to the other Member States and the parties concerned to submit their comments, Having regard to the comments received, Whereas : On 14 September 1994 the Commission decided to initiate the procedure pursuant to Article 6 (4) of Decision No 3855/91/ECSC (‘steel aids code’, hereinafter referred to as ‘the SAC’) with respect to various financial measures proposed as part of the privatization of the shares which the German Federal State Freistaat Bayern holds in Neue Maxhitte Stahlwerke GmbH (hereinafter referred to as () OJ No L 362, 31. 12. 1991, p. 57. ‘NMH) and Lech-Stahlwerke GmbH (hereinafter referred to as ‘LSW"). It concluded, on the basis of the information provided by the German Government, that the intended injection of public finance into the equity capital of both companies and the intended public contribution to the financing of certain investments could be regarded as State aid that would not be compatible with the SAC. The Commission informed the German Government, by letter dated 24 October 1994, of its decision to initiate the procedure and requested its comments and such addi- tional information as it might consider relevant. The reply of the German authorities dated 9 December 1994 contained some additional information on the intended financial measures, some additional arguments to back up the position of the German Government that these measures would not constitute aid or had already been approved by the Commission, and a draft business plan for NMH's future after the intended privatization. The letter by which the Commission informed the German authorities of its decision to initiate the proce- dure was published in Official Journal of the European Communities No C 377 of 31 December 1994, page 4, inviting the other Member States and interested third parties to submit their comments. The Commission decided on 30 November 1994 to initiate a second procedure covering shareholders’ loans granted to NMH by Bavaria in 10 tranches totalling DM