No L 198/40 Official Journal of the European Communities 8. 8. 96 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 13 March 1996 on State aid that Bavaria granted to the ECSC steel undertaking Neue Maxhiitte Stahlwerke GmbH, Sulzbach-Rosenberg (Only the German text is authentic) (Text with EEA relevance) (96/484/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 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: I On 19 July 1995 the Commission decided to initiate the procedure provided for in Article 6 (4) of Decision No 3855/91/ECSC (Steel Aids Code, hereinafter referred to as ‘the SAC’) with respect to a series of loans totalling DM 24,1125 million (ECU 12,82 million) which Freistaat Bayern (Bavaria) granted between July 1994 and March 1995 to Neue Maxhiitte Stahlwerke GmbH (hereinafter referred to as ‘NMH’). The Commission concluded, on the basis of the information provided by the German Government, that the loans granted to the company were possibly not to be regarded as a genuine provision of risk () OJ No L 362, 31. 12. 1991, p. 57. capital according to usual investment practice in a market economy and might therefore represent State aid that would be incompatible with the provisions of the SAC and the Treaty establishing the European Coal and Steel Community (hereinafter referred to as ‘the ECSC Treaty'). The Commission informed the German Government, by letter dated 25 September 1995, of its decision to initiate the procedure and requested its comments and additional information it might consider relevant to the case. The reply of the German authorities dated 20 October 1995 contained some additional information concerning the Bavarian Government’s reasons for granting the loans and referred to its communications dated 13 January 1995 and 15 May 1995, submitted in the framework of the procedure initiated on 30 November 1994 (%), in which it further referred to its communications of 15 July 1994, 14 September 1994 and 9 December 1994, submitted in the procedure concerning the intended financial measures in favour of NMH and Lech-Stahlwerke GmbH (hereinafter referred to as ‘LSW’) in relation to the privatization plan of Bavaria; it stressed that the loans should only ever be viewed in relation to this plan (for a full description of the German Government’s position see section III). The Commission decided on 4 April 1995 (3, that the intended loss compensation of DM 125,7 million (ECU 67,81 million) and the contribution for investment of DM () OJ No C 173, 8. 7. 1995, p. 3. () OJ No L 253, 21. 10. 1995, p. 22.