L 83/62 Official Journal of the European Communities 27.3.1999 COMMISSION COMMISSION DECISION of 13 May 1998 on aid granted by Germany to Herborn und Breitenbach GmbH (ex-Drahtzieh- maschinenwerk Griina GmbH) (notified under document number C(1998) 1687) (Only the German text is authentic) (Text with EEA relevance) (1999/225/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93(2), Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having given the interested parties, pursuant to those Atticles, a period in which to submit their comments (), Whereas: On 15 March 1995 the Commission decided to initiate proceedings under Article 93(2) of the EC Treaty in respect of State aid for SKET Schwermaschinenbau Magdeburg GmbH, Magdeburg (SKET SMM) (3. The proceedings also concerned the SKET SMM subsidiaries, i.e. Entstaubungstechnik Magdeburg GmbH, Magdeburg (ETM) and Drahtziehmaschinenwerk Griina GmbH, Chemnitz (DZM). The aid in question had been received by SKET SMM before, and in the course of, its privatisa- tion and restructuring. Previously, SKET SMM had already received aid, to which the Commission had not objected (NN 46/93 and NN 95/93). The proceedings were given the number C 16/95. () OJ C 215, 19. 8. 1995, p. 8. () OJ C 215, 19. 8. 1995, p. 8 and OJ C 298, 9. 10. 1996, p. 2. On 30 July 1996 the Commission decided to extend the C 16/95 proceedings to the State aid paid since the initia- tion decision, which was not covered by that decision (). The investors (Oestmann & Borchert Industriebeteili- gungen GbR) had withdrawn from the restructuring plan at the end of 1995, and a new plan with additional aid had been notified. In October 1996, SKET SMM was forced to file for a ‘Gesamtvollstreckungsverfahren’ (GV) (bankruptcy pro- ceedings in the new Ldnder). The plan which was the subject of the initiation decision of 30 July 1996 had thus not been able to restore SKET SMM to viability. On 26 June 1997 the Commission adopted the negative final Decision 97/765/EC (*) with regard to the aid for SKET SMM. The GV does not apply to the two subsidiaries ETM and DZM, which were transferred to the Federal Office for Special Unification-related Tasks (the BvS). Decision 97/765/EC terminated Case C 16/95 in respect only of that part of SKET SMM which was covered by the GV. The case was therefore split into three separate parts, as follows: C 16a/95 for SKET SMM, C 16b/95 for ETM and C 16¢/95 for DZM. In 1995 DZM merged with a west German company and trades today as Herborn & Breiten- bach GmbH, Chemnitz (H&B). This Decision refers only to H&B. () OJ C 298, 9. 10. 1996, p. 2. ( OJ L 314, 18. 11. 1997, p. 20.