4.5.2005 Official Journal of the European Union L 116/55 COMMISSION DECISION of 14 July 2004 on the State aid implemented by Germany for MobilCom AG (notified under document number C(2004) 2641) (Only the German text is authentic) (Text with EEA relevance) (2005/346[EG) 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 establishing 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 Treaty establishing the European Community (!), and in particular Article 7(3) and (4) thereof, Having called on the Member State and other interested parties to submit their comments pursuant to the provisions cited above (3), and having regard to their comments, Whereas: L PROCEDURE (1) By letter dated 18 October 2002, Germany informed the Commission of ‘rescue aid’ in the form of a State guarantee for a loan of EUR 50 million granted to MobilCom AG (hereinafter referred to as MobilCom) by the State-owned Kreditanstalt fiir Wiederaufbau (KfW). The loan had been paid out on 19 September 2002. () OJL 83, 27.3.1999, p. 1. Regulation as amended by the 2003 Act of Accession. () O] C 80, 3.4.2003, p. 5. 2) ) ) By letters dated 21 and 30 October 2002, the Commission asked for additional information, which Germany duly supplied by letters dated 23 October, registered as received on 23 and 24 October, and by letter dated 5 November, registered as received on the same day. By letter dated 27 November 2002, registered as received on 28 November, Germany informed the Commission of a further 80 % deficiency guarantee for a new loan of EUR 112 million. Representatives of the Commission and Germany met on 10 December 2002. By letter dated 21 January 2003, the Commission informed Germany of its decision to approve the guarantee for the loan of EUR 50 million as rescue aid pursuant to Article 87(3)(c) of the EC Treaty and to the Community guidelines on State aid for rescuing and restructuring firms in difficulty (). By the same letter, the Commission informed Germany of its decision to initiate formal proceedings under Article 88(2) of the EC Treaty in respect of the 80 % deficiency guarantee for the EUR 112 million loan. The Commission’s decision to initiate proceedings was published in the Official Journal of the European Union (*). The Commission called on interested parties to submit comments. OJ C 288, 9.10.1999, p. 2. See footnote 2.