L 295/44 Official Journal of the European Union 11.11.2005 COMMISSION COMMISSION DECISION of 3 May 2005 concerning a State aid which Germany is planning to implement for the development of municipal infrastructure directly serving industry in accordance with Part II, point 7 of the Outline Plan for the joint Federal Government/Linder scheme for ‘Improving regional economic structures’ — Construction or extension of business, technology and incubator centres that provide accommodation and services for small and medium-sized enterprises 2004 to 2006 (notified under document number C(2005) 1315) (Only the German text is authentic) (Text with EEA relevance) (2005/782[EC) 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 regard to Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty ('), and in particular Article 7 thereof, Having called on interested parties to submit their comments pursuant to those provisions (}) and having regard to their comments, Whereas: I. PROCEDURE (1) By letter of 19 September 2002, registered as received by the Secretariat-General of the Commission on 20 (") OJ L 83, 27.3.1999, p. 1. Regulation as amended by the 2003 Act of Accession. () O] C 84, 3.4.2004, p. 2. September 2002, Germany notified to the Commission the aforementioned aid scheme pursuant to Article 88(3) of the EC Treaty. Although Germany did not regard the measure as State aid within the meaning of Article 87(1) of the EC Treaty, the measure was notified for reasons of legal certainty. The case was registered as State aid No N 644/g/2002. By letters of 9 October 2002, 17 January 2003, 30 June 2003 and 25 September 2003, the Commission requested additional information. Germany replied by letters of 18 November 2002, 11 and 12 February 2003, 24 July 2003 and 30 October 2003. By letter of 26 November 2003, Germany agreed with a request for the extension until 5 February 2004 of the two-month time-limit pursuant to Article 4(5) of Regulation (EC) No 659/1999 and submitted additional information. (2) By letter dated 18 February 2004, the Commission informed Germany that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty. (3)  The Commission decision to initiate the procedure was published in the Official Journal of the European Union (3). The Commission called on interested parties to submit their comments. () See footnote 2.