L 108/34 Official Journal of the European Communities 27.4.1999 IT (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 22 July 1998 on the misuse of restructuring aid for MTW-Schiffswerft and Volkswerft Stral- sund, two companies formerly belonging to Bremer Vulkan Verbund, and the unauthorised provision of an investment loan of DEM 112,4 million to MTW- Schiffswerft (notified under document number C(1998) 2405) (Only the German text is authentic) (Text with EEA relevance) (1999/274/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 93(2), first subpara- graph, thereof, Having given notice in accordance with the above Article 93 to the parties to submit their comments, Whereas: I. PROCEDURE By letter dated 20 March 1996 the Commission informed Germany of its decision to initiate proceedings under Article 93(2) of the Treaty. The reasons given for the decision were the suspected spillover of authorised restructuring aid for MTW-Schiffswerft GmbH, Wismar (MTW), Volkswerft GmbH, Stralsund (Volkswerft) and other companies belonging to Bremer Vulkan Verbund AG (BVV), and the unauthorised provision of an invest- ment loan to MTW. The Commission’s decision to initiate proceedings was published in the Official Journal of the European Communities (*); the other Member States and interested parties were asked to submit their comments. Germany commented on the Commission’s decision by letter dated 3 September 1996. It made available to the Commission a report by the Bundesanstalt fiir vereini- gungsbedingte Sonderaufgaben (BvS) on the loss of DEM 854 million in the context of the insolvency of BVV, and sent under cover of a letter dated 22 July 1996 an audi- tor’s report by the firm of accountants Susat & Partner (Susat) on the contributions made by the ‘eastern yards’ (i.e. MTW and Volkswerft) to BVV’s central cash concen- tration system. A revised final auditor’s report was drawn up on 5 September 1996. The comments submitted by two Member States in response to the initiation of proceedings by the Commis- sion were forwarded to Germany by letter dated 19 July 1996. Germany commented thereon in its abovemen- tioned letter of 3 September 1996. The comments and reports which the Commission received after the main investigation proceedings were initiated afforded a much better insight into the extent of the misuse of funds and the operation of the cash concen- tration system. But little was still known in particular () OJ C 150, 24.5.1996, p. 2.