7.8.2002 Official Journal of the European Communities L211)7 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 7 May 2002 relating to alleged State aid by the Federal Republic of Germany for the company BahnTrans GmbH (notified under document number C(2002) 1599) (Only the German text is authentic) (Text with EEA relevance) (2002/643EC) 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 the provisions cited above ('), Whereas: () ) O] C 52, 17.2.2001, F 2. I. PROCEDURE By letter dated 10 January 1996, the Association for the Promotion of Competition and Honest Behaviour in the Freight Forwarding Business (Verein zur Forderung des Wettbewerbs und lauteren Verhaltens im Speditionsge- werbe eV, hereafter Wettbewerbsverein or the complai- nant) requested the Commission to inquire with the German Federal Government about the payment of allegedly illegal State aid for the company BahnTrans GmbH (hereafter BahnTrans) (3. The complainant sent further letters to the Commission, dated 31 July 1996, 7 November 1996, 8 January 1997, 24 March 1997, 4 August 1997, 28 October 1997, 4 November 1997, 22 January 1998, 25 March 1998, 13 May 1998, 25 June 1998, 11 December 1998, 15 December 1998, 16 April 1999, 14 September 1999, 27 October 1999 and 17 May 2000. The Commission in turn replied to the complainant by letters dated 27 September 1996, 4 August 1997, 13 October 1997, 2 December 1997, 12 October 1998, 20 December 1999 and 23 May 2000. () () 0) Y Based on the information it received from the complai- nant, the Commission inquired with the German Federal Government. An exchange of Letters ensued (). By letter dated 27 November 2000, the Commission informed the Federal Republic of Germany that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the measure. The Commission decision to initiate the procedure was published in the Official Journal of the European Communi- ties (). The Commission invited interested parties to submit their comments on the measure. Within the time frame indicated in the notice, the Commission did not receive any comments from interested parties. However, the Commission received, with letter of 15 June 2001, comments from ABX Logistics (Deutschland) GmbH, the legal successor of BahnTrans GmbH. II. FACTS Creation of BahnTrans — contribution of the mother companies On 2 September 1994, the Deutsche Bahn AG (DB AG) and Thyssen Haniel Logistik GmbH (THL) founded BahnTrans, as a joint venture to develop the transport of small consolidated cargo loads in a largely rail-based network. DB AG is fully owned by the German State, whereas THL is a company of the Thyssen Handelsunion (THU) conglomerate. Commission letters dated 20 June 1996, 28 May 1997, 1 September 1997 and 28 May 1998. Germany replied with letters dated 1 July 1997, 12 September 1997, 30 September 1997 and 17 July 1998. See footnote 1.