6.4.2000 Official Journal of the European Communities L 85/27 COMMISSION COMMISSION DECISION of 30 September 1998 on aid granted by Germany to SKET Verseilmaschinenbau GmbH (notified under document number C(1998) 3022) (Only the German text is authentic) (Text with EEA relevance) (2000/271/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 Article 93(2), 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) (!). The proceedings also concerned the SKET SMM subsidiaries, i.e. Entstaubungstechnik Magde- burg 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 privati- sation 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. On 30 July 1996 the Commission decided to extend the C 16/95 proceedings to the State aid paid since the initiation decision, which was not covered by that decision (3. The () O] C 215, 19.8.1995, p. 8 andOJ C 298, 9.10.1996, p. 2. () O] C 298, 9.10.1996, p. 2. investors (Oestmann & Borchert Industriebeteiligungen GbR) had withdrawn from the restructuring plan at the end of 1995, and a new plan with additional aid had been notified. The new plan envisaged, inter alia, the creation of several successor companies which would operate those profitable parts of the SKET SMM operation which could be salvaged from the bank- rupt company. SKET Verseilmaschinenbau GmbH was one of the successor companies. SKET SMM was forced in October 1996 to file for a Gesamtvoll- streckungsverfahren (GV) (bankruptcy proceedings in the new Lander). 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 July 1997 the Commission adopted the negative final Decision 97/765/EC with regard to the aid for SKET SMM (}). The GV did 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. To reflect the new reality that the successor companies to SKET SMM were taking independent courses, each of the successor companies was allocated a separate aid number to reflect this. SKET Verseilmaschinenbau GmbH was allocated NN 124/97. The present Decision relates only to SKET Verseilmaschinenbau GmbH. () O] L 314, 8.11.1997, p. 20.