2.8.91 Official Journal of the European- Communities No L 215/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 18 July 1990 on aid granted by the city of Hamburg {Only the German text is authentic) (91/389/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof, Having given notice to the parties concerned to submit their comments, and having regard to those comments, Whereas: I 1. The Commission learned, first in one case (Firma Montblanc-Simplo) (1), then in three other cases (Chemische Fabrik Promonta GmbH, Bridgestone Reifen GmbH, Fielmann Verwaltung KG) (2) that the city of Hamburg had decided to grant aid. None of the aid had been notified to the Commission in accordance with Article 93 (3) of the EEC Treaty. The Commission also informed the Federal Government that it had the impression that an aid scheme was being applied in the four cases of which it had knowledge. Although the Federal Government was requested to state its position on this, it did not make any comments. After repeated requests regarding the four specific individual cases and after the initiation of (1) IV. E. 3 (87) D/3334, 7. 8. 1987, SG(87) A/12068, 29.10. 1987,1V.E. 3(87)D/7009,6.1.1988,5G(88) A/298, 8.1.1988,IV.E.3(88)D/7148,22.1.1988,5G(88) A/3482, 15. 3. 1988, 80290 —1V. E. 3, 15. 4. 1988, SG(88) A/5109, 21. 4. 1988. ) (2) IV.E. 3(87)D/6597,18. 11.1987,5G(88) A/94,5. 1. 1988, SG(88) A/1833, 10. 2. 1988, SG(88) A/4421, 6. 4. 1988, SG(88) A/5106, 21. 4. 1988. proceedings under Article 93 (2) of the EEC Treaty (3), the Federal Government provided further information (¥). According to that information, in 1986, 1987 and 1988, in order to prevent out-migration, the city of Hamburg provided 33 grants to 31 undertakings amounting to a total of DM 27,3 million in respect of a total volume of investment of DM 345,8 million. The intensity of the aid varies in gross terms between 2,3% (1,5% net grant equivalent) and 17,5% (11,2% NGE), averaging 7,9% in-gross terms (around 5,1 % NGE). The absolute amount of aid varied between DM 50 000 (some ECU 25 000) and DM 4,95 million (some ECU 2,5 million) per recipient undertaking. The aid is provided in the form of an investment grant. 2.  Following an initial examination of the four cases of which it had knowledge, the Commission could not rule out the possibility that in one or other instance the aid was combined with other notified or unnotified aid, resulting in substantially higher intensities. In addition, it assumed that the city of Hamburg was granting aid to other firms as well. However, at that point in time, neither in the cases of which it had knowledge, nor with regard to other possible aid, had - the Commission been provided with information on the legal basis on which the aid was granted. Thus, it knew neither the title of the relevant law nor the day of its promulgation, its objectives, duration, the terms on which aid was granted, the definition of the recipients, the budget, etc. Neither the law itself nor any cases of application which might have been notifiable have been subject to any examination or decision by the Commission pursuant to Articles 92 and 93 of the EEC Treaty. As regards the four individual cases referred to above, the Commission took the view at that time that the aid granted (3) SG(89) D/5660, 3. 5. 1989, OJ No C 309, 8. 12. 1989. (*) SG(89) A/19939, 28. 8. 1989, IV. E. 10, 8. 1. 1990.