No L 53/50 Official Journal of the European Communities 2.3.96 COMMISSION DECISION of 31 October 1995 enjoining the German Government to provide all documentation, information and data on the new investment projects of the Volkswagen Group in the new German Linder and on the aid that is to be granted to them (C 62/91 ex NN 75, 77, 78 and 79/91) (Only the German text is authentic) (Text with EEA relevance) (96/179/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Articles 5, 92 and 93 thereof, Having regard to the Agreement establishing the Euro- pean Economic Area, and in particular Articles 61 and 62 thereof, Whereas: 1) @ On 18 December 1991 the Commission took the decision to open a procedure provided for in Article 93 (2) of the EC Treaty with respect to various State aid projects for the benefit of the VW Group in Thiiringen and Sachsen ('). By letter dated 29 January 1992, Germany agreed to suspend further payments of aid until the closure of the Article 93 (2) procedure. According to the Commission’s information the total aid paid illegally to VW in the form of grants allegedly for the projects Mosel II and Chemnitz II in October and December 1991 amounts to DM 360.8 million (ECU 191,2 million). Furthermore, VW Sachsen has obtained corporation tax refunds to the amount of DM 11,4 million (ECU 6,1 million) and special depreciation on its investments in 1991, where the amount still remains to be determined. On 27 July 1994 the Commission took a final decision within that procedure on the restructuring aid to Sichsische Automobilbau GmbH for its car end engine plants in Mosel (Mosel I) and Chemnitz (Chemnitz I) and the cylinder head plant in Eise- nach. At the time of this final decision Germany informed the Commission that the VW Group () OJ No C 68, 17. 3. 1992, p. 14. G * ) would finalize its plans on its new investment projects in Mosel and Chemnitz (Mosel II and Chemnitz II) at the end of 1994, so that at that time the relevant information on these projects would be transmitted to the Commission in order for it to assess the proposed regional aid. Before the final decision on the restructuring aid in 1994, the revised plans of VW were presented to the Commission in a preliminary form. The plant layout was to be changed and the investment would only start at the end of 1994. Furthermore, the aid contracts had been revised, so that the grants were reduced to DM 646,8 million for Mosel II and to DM 167,3 million for Chemnitz II. The corpora- tion tax refunds would also fall to DM 106,8 million for Mosel II and to DM 31,9 million for Chemnitz II. This is due to the fact that eligible investment in Mosel II has been reduced to DM 2 812,9 million and to DM 758,8 million in Chem- nitz, while projected employment fell to 2 843 in Mosel II and 786 in Chemnitz. At the end of 1994, as well as in the following months, Germany informed the Commission that the investment plans by VW had not been fina- lized. By letter dated 12 April 1995 the Commission requested Germany to provide VW’s plans for the new plants. No reply was received to that letter. By letter dated 4 August 1995, the Commission urgently requested the necessary information, threatening an injunciion and eventually a final decision on the basis of the available information in case of non-compliance. In reaction to this letter the German Government informed the Commis- sion by letter dated 22 August 1995 that VW'’s investment plans were still not finalized. It also stated that under German law a reimbursement of aid would be necessary if VW did not fully execute its investment or employment plans.