L 300/54 Official Journal of the European Union 18.11.2003 COMMISSION DECISION of 5 June 2002 on State aid implemented by Germany for Eisenguss Torgelow GmbH (notified under document number C(2002) 2008) (Only the German text is authentic) (Text with EEA relevance) (2003/791/EQ) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, 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 the provisions cited above (*) and having regard to their comments, Whereas: I. PROCEDURE By fax dated 29 December 1999 the German Govern- ment informed the Commission of financial measures to assist Eisenguss Torgelow GmbH (EGT), whose head office is in Torgelow, Mecklenburg-Western Pomerania, which were registered by the Commission on 3 January 2000 as aid NN 6/2000. Given that the aid had already been granted to the firm at the time of the notification, the measures were registered as non-notified State aid (NN) in accordance with Article 88(3) of the EC Treaty. The Commission requested additional information by letters dated 31 January and 26 May 2000 and 15 June, 16 July and 13 September 2001. Germany replied by letters dated 23 March, 24 May, 4 July and 1 and 5 September 2000, and 17 April and 10 and 28 August 2001. By letter dated 5 November 2001 the Commission informed Germany that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the aid, with the case being registered under No C 77/2001. Germany submitted comments which were received on 21 January 2002. The Commission’s decision to initiate the formal inves- tigation procedure was published in the Official Journal of the European Communities (). The Commission invited interested parties to submit their comments on the aid. Comments by interested parties were received on 10 April 2002. () O] C 63, 12.3.2002, p. 4. (®) See footnote 1. ®) (10) II. DESCRIPTION EGT is the successor to the formerly State-owned GiefSerei Torgelow GmbH (GT), which, after being priva- tised in 1993, filed for bankruptcy in 1997. On 1 May 2001 EGT also filed for bankruptcy. The firm was active in the foundry sector, its objects being the manufacture and processing of castings. It produced mainly parts for engines, plant and machinery. In 1999 EGT had 87 employees and achieved a turnover of DEM 5 592 000. 1. The privatisation On 17 June 1993 GT was privatised by the Treuhand- anstalt (THA) and sold to a Mr Helmut Schumann for DEM 1. In 1996 it employed 80 people and achieved a turnover of DEM 8 771 000. On 1 September 1997 it went bankrupt. 2. The restructuring During the course of the bankruptcy proceedings the receiver decided to maintain GT as a going concern in order to seck new investors for the firm. Germany states that, out of 12 potential investors, only one group of investors made an offer to purchase the firm. On 6 April 1998 the new investors set up EGT with a view to continuing the business of GT. As of 1 May 1998 EGT rented the assets necessary to this end. A contract to purchase the assets was signed in August 1998 and entered into force in June 1999. The price paid for the assets was DEM 500 000. The new investors were: (a) Neue Harzer Werke (NHW) (20 %); (b) Mr Dieter Brunke (20 %); (c) Saparmet (20 %);