L 230/4 Official Journal of the European Communities 31.8.1999 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 21 April 1999 in a procedure under Article 88 of the ECSC Treaty concerning state aid granted by Germany to Neue Maxhiitte Stahlwerke GmbH (notified under document number C(1999) 1123) (Only the German text is authentic) (1999/597[ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Articles 86 and 88, Whereas: I. PROCEDURE On 16 December 1998 the Commission initiated the procedure under Article 88 of the ECSC Treaty against Germany. It concluded, on an evaluation of the informa- tion presented to it, that Germany had infringed Article 86 of the ECSC Treaty by its failure to implement de- cisions requiring it to recover state aid of DEM 74 million that was incompatible with the common market from the recipient enterprise, Neue Maxhiitte Stahlwerke GmbH (hereinafter referred to as ‘NMH). On 1 February 1999 the Commission notified Germany of its position and gave it an opportunity to submit its comments. It received Germany's comments on 5 March 1999. II. FACTS The Commission, by Decision 95/422[ECSC of 4 April 1995 concerning state aid that the Land of Bavaria intends to grant to the ECSC steel undertakings Neue Maxhiitte Stahlwerke GmbH, Sulzbach-Rosenberg and Lech-Stahlwerke GmbH, Meitingen-Herbertshofen (?) (NMH Decision I), determined that the notified meas- ures, including a loan from the shareholders, the Land of Bavaria, constitutes state aid that is incompatible with the common market and must not be granted. Nevertheless, in the years 1993-95 Bavaria granted a series of such loans without informing the Commission in advance. The Commission therefore adopted the following two decisions: (a) Decision 96/178/ECSC of 18 October 1995 on state aid that Bavaria granted to the ECSC steel under- taking Neue Maxhiitte Stahlwerke GmbH, Sulzbach- Rosenberg (3 (NMH Decision 1), laying down that the sum of DEM 49,9 million granted as loans by Bavaria to NMH constitutes state aid that is incom- patible with the common market and prohibited under the provisions of the ECSC Treaty and Commission Decision No 3855/91/ECSC of 27 November 1991 establishing Community rules for aid to the steel industry (%); (b) Commission Decision 96/484/ECSC of 13 March 1996 on state aid that Bavaria granted to the ECSC steel undertaking Neue Maxhiitte Stahlwerke GmbH, Sulzbach-Rosenberg () (NMH Decision III), laying down that the sum of DEM 24,1 million granted as 253, 21.10.1995, p. 22. 53, 2.3.1996, p. 41. () O] L () O] L () O] L 362, 31.12.1991, p. 57. () O] L 198, 8.9.1996, p. 40.