6.10.1999 Official Journal of the European Communities L 260/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 25 November 1998 on measures by Germany to assist InfraLeuna Infrastruktur und Service GmbH (notified under document number C(1998) 3840) (only the German text is authentic) (Text with EEA relevance) (1999/646/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93(2) thereof, Having given notice to the parties concerned to submit their comments, in accordance with that Article, Whereas: I. PROCEDURE On 15 April 1997 the Commission wrote to the German Government, informing it that on 12 March it had decided to initiate proceedings under Article 93(2) of the EC Treaty. The proceedings related to DEM 765 million which Infraleuna Infrastruktur und Service GmbH (hereinafter referred to as ‘Infraleuna’) was to receive from the Bundesanstalt fiir Vereinigungsbedingte Sonderaufgaben (hereinafter ‘the BvS), and DEM 300 million which was to be provided by the Land of Saxony-Anhalt; the Commission was concerned that the money might constitute state aid and, if so, that it might not be compatible with the common market. The Commission's decision to initiate proceedings was announced in the Official Journal of the European Communities; the notice called on Member States and interested parties to submit observations (). The German Government submitted its observations on the decision in a letter of 14 August 1997. () OJ C 196, 26.6.1997, p. 3. The Commission had received observations opening the proceedings, from one Member State, three trade associations and four companies; it passed these on to the German Government by letter of 28 August. The German Government replied by letter of 17 November. In letters dated 14 May 1997, 1 December 1997 and 18 March 1998, the Commission put a number of questions to the German Government that had arisen in connection with the case. The German Government replied in its letter of 14 August 1997 and in further letters on 9 January and 10 July 1998. In order to clarify the case further, meetings between the German authorities and the Commission took place in Leuna on 7 and 8 July 1997 and in Brussels on 30 April and 28 July 1998. II. FACTS On the basis of the letters cited here and the information supplied by the German Government at the meetings just referred to, the facts of the matter can be stated as follows. 1. Background The case concerns the privatisation of the infrastructure at the Leuna chemical complex in Saxony-Anhalt, a region which qualifies for assistance under Article 92(3)(a) of the EC Treaty (2). () Commission decisions on state aid measures N 464/93, SG(94) D/5633 of 22 April 1994, and N 613/96, SG(97) DJ488 of 23 January 1997, which apply until the end of 1999.