4.5.2005 Official Journal of the European Union L 116/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 18 February 2004 on restructuring aid implemented by Germany for Bankgesellschaft Berlin AG (notified under document number C(2004) 327) (Only the German text is authentic) (Text with EEA relevance) (2005/345[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(3) thereof, Having called on Member States and other interested parties to submit their comments () and having regard to their comments, () OJL 83, 27.3.1999, p. 1. Regulation as amended by the 2003 Act of Accession. () O] C 141, 14.6.2002, p. 2. Whereas: ) ) L PROCEDURE After approval of the rescue aid for Bankgesellschaft Berlin AG (BGB or ‘the bank) by Commission decision of 25 July 2001 (%) and after notification by Germany of the restructuring plan on 28 January 2002, the Commission informed Germany by letter of 9 April 2002 of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the restructuring aid (%). On 17 June 2002, after Germany had requested an extension of the deadline for a reply, which was granted, and after German representatives had twice met representatives of the Commission, Germany submitted its observations, with additional documents and information. On 31 July the Commission sent Germany a further request for information. O] C 130, 1.6.2002, p. 5. See footnote 2.