L 324/64 Official Journal of the European Union 10.12.2005 COMMISSION COMMISSION DECISION of 30 June 2004 on the State aid implemented by Germany for the Herlitz Group (notified under document number C(2004) 2212) (Only the German text is authentic) (Text with EEA relevance) (2005/878[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 particular Article 7(3) thereof, Having called on interested parties to submit their comments pursuant to those provisions (%) and having regard to their comments, Whereas: I. PROCEDURE (1)  In March 2002 a complaint was lodged by one of Herlitz AG's main competitors indicating that Herlitz AG was to receive a guarantee from the Land of Berlin. By letter dated 25 March 2002 the Commission asked Germany to provide information on the possible aid to Herlitz AG. Germany replied by letter dated 17 April 2002, registered as received on 18 April 2002, denying such aid. Following a press article which appeared on 24 April 2002 reporting that a loan of EUR 1 million had been granted by the Land of Brandenburg to Herlitz AG’s subsidiary Falken Office Products GmbH (hereinafter referred to as FOP), the Commission again asked Germany, by letter dated 8 May 2002, to provide information on the possible aid to Herlitz AG. Germany replied by letter dated 4 June 2002, registered as received on 5 June 2002, denying once again that any such aid had been granted. (2)  Finally, by letter dated 17 July 2002, registered as received on 19 July 2002, Germany informed the Commission that the Investment Bank of the Land of Brandenburg (InvestitionsBank des Landes Brandenburg, hereinafter referred to as ILB) had granted Herlitz PBS AG a loan of some EUR 1 million. According to the information provided by Germany, the measure had already been put into effect; the case was therefore registered by the Commission as unnotified aid under case NN 89/02. Annexes including an insolvency plan were submitted by letter dated 19 July 2002, registered as received on 25 July 2002, and by letter dated 1 August 2002, registered as received on the same day. On 8 August 2002 the Commission asked for clarifications on the aid granted. Germany sent additional information by letter dated 4 September 2002, registered as received on the same day. (*) OJ L 83, 27.3.1999, p. 1. Regulation as amended by the 2003 Act of Accession. () O] C 100, 26.4.2003, p. 3.