L 45/46 Official Journal of the European Communities 19.2.1999 COMMISSION COMMISSION DECISION of 22 April 1998 on aid granted by Germany to SHB Stahl- und Hartguflwerke Bosdorf AG (notified under document number C(1998) 1325) (Only the German text is authentic) (Text with EEA relevance) (1999/139/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 regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having given the parties concerned the opportunity to submit their comments, in accordance with the above- mentioned provisions, Whereas: On 5 February 1997, the Commission decided to initiate proceedings under Article 93(2) of the EC Treaty in respect of restructuring aid to SHB Stahl- und Hart- guflwerke Bosdorf AG (hereinafter referred to as SHB) which had been notified by Germany. The aid in question consisted of a non-repayable grant of DEM 4,5 million and the extension of the repayment period for a loan of DEM 1,5 million by the Bundesanstalt fiir Vereinigungs- bedingte Sonderaufgaben (BvS), both of which were noti- fied on 19 August 1996, and an acquisition of shares in SHB valued at DEM 5 million by the Konsolidierungs- fonds des Freistaats Sachsen (Saxony Consolidation Fund), which had been the subject of a decision of 12 June 1996 not to raise any objections (!). The Commission’s decision () Aid N 743/95, letter SG(96) D/5958 of 28 June 1996. to initiate Article 93(2) proceedings was taken after bank- ruptcy proceedings had been initiated in respect of SHB on 18 October 1996. The decision of 12 June 1996 had been taken after the restructuring plan had been assessed for its compliance with the Guidelines on State aid for rescuing and restruc- turing firms in difficulty (%). The additional aid notified on 19 August 1996 was also described by Germany as restructuring aid to the same firm. However, this aid had already been granted in the first half of 1996, at a time when the correspondence between Germany and the Commission on the first aid measure had not been completed. In its Decision of 5 February 1997, the Commission had pointed out that, in accordance with the Guidelines, restructuring aid should normally only need to be granted once, but that this was not reason enough for concluding that the new aid was incompatible without examining all the relevant facts in the context of the proceedings. These would also include the conditions and requirements stipulated in the previous decision of 12 June 1996. The restructuring plan on the basis of which the first aid measure had been granted and the Commission had adopted its decision of 12 June 1996 entailed the closure of the firm’s forging capacity, concentration on cast-steel production, and a reduction of costs (raw materials and staff). The firm’s founding capacity was to be kept at the same level. The estimated cost of restructuring was DEM 10 million. () OJ C 368, 23. 12. 1994, p. 12.