L 228/22 Official Journal of the European Union 3.9.2011 COMMISSION DECISION of 23 March 2011 on the State aid C 28/05 (ex NN 18/05, ex N 517/2000) implemented by Germany for Glunz AG and OSB Deutschland GmbH (notified under document C(2011) 1764) (Only the German text is authentic) (Text with EEA relevance) (2011/524/[EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) (1) 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 provision(s) cited above (%) and having regard to their comments, Whereas: [. PROCEDURE (1) By letter dated 4 August 2000, registered on 7 August 2000, the German authorities notified their intention to provide an aid intensity of 35 % for an investment aid in favour of the establishment of an integrated centre for wood processing in Nettgau (Saxony-Anhalt) by Glunz AG and OSB Deutschland GmbH. The proposed aid was registered with the number N 517/2000. (2)  After the submission of additional information, the Commission adopted, on 25 July 2001, a decision not to raise objections to an aid intensity of 35 % based on the Multisectoral Framework on regional aid for large investment projects (°) (hereinafter referred to as ‘MSF 1998)). (3) By judgement of 1 December 2004, the General Court decided in case T-27/02 (¥, Kronofrance/Commission, to annul the above mentioned Commission decision. () On 1 December 2009, Articles 87 and 88 of the EC Treaty became Articles 107 and 108, respectively, of the Treaty on the Functioning of the European Union (TFEU), which entered into force that day. The two sets of provisions are, in substance, identical. () OJ C 263, 22.10.2005, p. 7. () O] C 107, 7.4.1998, p. 7. (9 ECR 2004, 11-4177. (4 Therefore, the Commission has to take a new decision on the basis of the notification of the German authorities of 7 August 2000. (5) By letter dated 17 December 2004, the Commission asked the German authorities whether they wanted to submit further information to the notification of 7 August 2000 due to the annulment the Commission’s decision and sent a reminder on 3 March 2005. The German authorities replied by letter of 23 March 2005, but did not submit additional information at that stage. (6)  Moreover, it has to be noted that the German authorities granted in February 2000 the present aid on the condition that it would be approved by the Commission. The German authorities started to pay out the aid after the no objection decision of the Commission of 25 July 2001. (7) However, following its annulment by the General Court, the decision of 25 July 2001 must be considered as never to have existed and the German authorities thus did not receive an approval from the Commission on the aid intensity proposed (°). The Commission has accordingly transferred the case to the register of illegally granted aid under aid NN 18/05. (8) By letter dated 20 July 2005, the Commission informed Germany that it had decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (TFEU) in respect of the aid. (9)  The Commission decision to initiate the procedure was published in the Official Journal of the European Union (°). The Commission invited interested parties to submit their comments on the aid. (10) The Commission received comments from interested parties. It forwarded them to Germany, which was given the opportunity to react; its comments were received by letters dated 24 October 2005 and 24 January 2006. () In line with Court case C-199/06 (CELF), ECR 2008, I-469, paragraphs 60-64. (%) Cf. footnote 2.