24.4.1999 Official Journal of the European Communities L 107/21 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 20 January 1999 on the acquisition of land under the German Indemnification and Compensation (notified under document number C(1999) 42) (Only the German text is authentic) (1999/268/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Atrticle 93(2) thereof, Having given interested parties a time limit within which to submit their comments pursuant to the above Article and having taken account of those comments, Whereas: The Commission, by decision of 18 March 1998, initiated the procedure provided for in Article 93(2) of the EC Treaty against the acquisition of land under the Indemni- fication and Compensation Act (Ausgleichsleistungsge- setz) (EALG) (by letter SG(98) D/2532 of 30 March 1998). In that letter the Commission asked Germany to submit its comments within one month of its receipt. In accord- ance with Article 93(2) the other Member States and interested parties were given due notice by means of publication of the letter in the Official Journal of the European Communities (') and were requested to submit their comments. The Commission initiated the procedure because it was unable to ascertain whether the EALG, which had entered () OJ C 215, 10.7.1998, p. 7. into force in 1994, permitted measures which could be deemed incompatible with the common market. The Commission was unsure whether the measures in question could be defined as State aid within the meaning of Article 92(1) of the Treaty or as other measures not covered by aid legislation in compensation for the expro- priation of property. Although the Commission acknow- ledged the possibility of compensation for resettled farmers (Wiedereinrichter), it expressed doubts as to whether that possibility applied to newly settled farmers (Neueinrichter) and certain legal entities. In respect of those measures defined as aid, the Commis- sion doubted whether the maximum aid intensities for the acquisition of agricultural land (pursuant to Article 92(3)(c) of the EC Treaty, 35 % for agricultural land in areas which are not less-favoured) had been complied with. The further purpose of the procedure was to clarify whether, and if so to what extent, the measures constitute discrimination against west German citizens and other citizens of the Community which is incompatible with Articles 6 and 52 and following of the EC Treaty. Germany submitted its comments to the Commission by letter dated 29 May 1998 (Section II). No other Member State submitted comments but hundreds of interested parties did (Section III). Germany submitted further in- formation to the Commission by letters of 22 October and 16 December 1998 and in a meeting held on 18 December 1998.