14.9.2002 Official Journal of the European Communities L 247)27 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 19 June 2002 on measures implemented by the Federal Republic of Germany for Deutsche Post AG (notified under document number C(2002) 2144) (Only the German text is authentic) (Text with EEA relevance) (2002/753/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having called on interested parties to submit their comments pursuant to those provisions () and having regard to their comments, Whereas: I. PROCEDURE By letter dated 17 August 1999 the Commission informed the German Government that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty with respect to several measures implemented by the Federal Republic of Germany in support of Deutsche Bundespost Postdienst (‘DB-Postdienst’), which, in 1995, was transformed into Deutsche Post AG (DPAG)). In initiating the procedure, the Commission expressed the belief that the amount of compensation DB-Postdienst and DPAG received from the State for the provision of services in the general interest exceeded the specific net additional costs that these services entailed for DPAG. In particular, the Commission expressed its intention to investigate the following possible aid measures. The financing of the 1998 acquisition of Postbank AG: According to the decision to initiate the procedure, one of the complainants alleges that DPAG acquired Postbank AG in 1998 from the German authorities by setting off the purchase price against a claim held by DPAG against the State. The complainant alleged that DPAG had no such claim against the State, no such claim being indicated in DPAG's balance sheet. The Commission argued in the decision to initiate the procedure that paying for an acquisition by setting off the purchase price against a claim which does not exist or whose existence is doubtful is in reality a donation equivalent to State aid. The financing of a postal pension fund, the Post-Unterstiitzungskasse: In 1999 the State took over the deficit of the Post-Unterstiitzungskasse (postal pension fund), which at that time amounted to approxi- mately DEM 8 billion. This deficit accrued on account of an early retirement scheme introduced by DPAG in 1995 under which 25 % of civil servants retired before the normal retirement age. () O] C 306, 23.10.1999, p. 25.