No L 233/24 Official Journal of the European Communities 14. 9. 96 COMMISSION DECISION of 29 May 1996 concerning State aid to Walzwerk Ilsenburg GmbH (Only the German text is authentic) (Text with EEA relevance) (96/544/ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty estabishing the European Coal and Steel Community, and in particular Article 4 (c) thereof, Having regard to Commission Decision No 3855/91/ ECSC of 27 November 1991 establishing Community rules for aid to the steel industry ('), and in particular Articles S and 6 thereof, Having, in accordance with Article 6 (4) of the abovemen- tioned Decision, given notice to interested parties to submit their comments, Whereas: By fax dated 24 November 1994, registered on 25 November 1994, Germany notified State aid in respect of Walzwerk Ilsenburg. The aid, consisting of an investment subsidy of DM 5,85 million and a tax concession of DM 0,9505 million, was intended to facilitate an investment amounting to DM 29,5 million. On 15 February 1995 the Commission decided to open the procedure pursuant to Article 6 (4) of Decision 3855/ 91/ECSC of 27 November 1991 (hereinafter referred to as ‘the SAC') with regard to the above proposal. The Commission considered that the aid fell under Article 5 of the SAC and that aid falling under this Article had to be notified by 30 June 1994 at the latest, according to Article 6 (1) of the SAC, and could only be deemed compatible with the common market before 31 December 1994. Germany was informed of this decision, which was published in the Official Journal of the European Communities (%) by letter of 10 March 1995. Germany reacted by letter of 19 April 1995 saying, in particular: () OJ No L 362, 31. 12. 1991, p. 57. () OJ No C 289, 31. 10. 1995, p. 11. — that it understood that the late notification could have caused problems for the Commission, but that the Commission accepted other late notifications as well, — that the parent company Preussag Stahl AG had, as the result of a letter of 21 December 1994 from the Commission, understood that the State aid had been authorized. In the letter reference was made to a letter from Preussag Stahl AG of 7 December 1994 addressed to two Members of the Commission, urging the Commission to examine the State aid, — that the Federal Government, the Government of the Land Saxony-Anhalt and the company itself had, because of the urgency, been entitled to regard that letter as a positive verdict on the examination by the Commission, — that the Land of Saxony-Anhalt and the company had arranged for payment of the aid on 23 December 1994, — that the Land of Saxony-Anhalt and the company had interpreted the letter as a substantive authorization and that their subsequent actions had been made on the basis of legitimate expectations. The following observations were received from third parties and other Member States: — On 30 November 1995 the Permanent Representation of one Member State indicated that the aid appeared to be incompatible with Article § of the SAC and that great importance attached to the strict application of the ECSC State aid rules. — On 30 November 1995 a steel company stated that, according to the SAC, notification had to be lodged by 30 June 1994 and that the notification of 25 November 1994 was too late; that Article 5 of the SAC only allows compatibility of regional aid until 31 December 1994 and that Article 14 of the ECSC Treaty provides that decisions of the High Authority (the Commission) are binding in their entirety. — On 24 November 1995 an association of steel produ- cers argued that the Commission is no longer empo- wered to authorize the aid, as the special provisions contained in Article 5 of the SAC have expired.