6.4.2004 Official Journal of the European Union L 100/35 COMMISSION COMMISSION DECISION of 23 July 2003 on State aid granted by Germany to Graphischer Maschinenbau GmbH (Berlin) (notified under document number C(2003) 2517) (Only the German text is authentic) (Text with EEA relevance) (2004/313[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, 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 called on interested parties to submit their comments pursuant to those provisions, Whereas: I. PROCEDURE By letter dated 21 January 1998, Germany notified the Commission of restructuring aid for Graphischer Maschi- nenbau GmbH (GMB), Berlin. By letters dated 17 March, 30 April and 18 June 1998, it provided the Commission with further information. By letter dated 17 August 1998, published in the Official Journal of the European Communities ('), the Commission informed Germany that it had decided to initiate the procedure laid down in Article 93(2) (now Article 88(2)) of the EC Treaty. The Commission called on interested parties to submit their comments, but received none. In Decision 1999/690/EC (%), the Commission found that part of the aid for GMB was incompatible with the common market. Out of a total planned grant of DEM 9,31 million, the amount which exceeded DEM 4,435 million was held to be incompatible. () OJ C 336, 4.11.1998, p. 13. () OJ L 272, 22.10.1999, p. 16. (4) By judgment delivered on 14 May 2002 in Case T-126/ 99 (Graphischer Maschinenbau GmbH v Commis- sion) (), the Court of First Instance of the European Communities annulled the negative part of Commission Decision 1999/690/EC. Following the judgment, the Commission requested addi- tional information from Germany on 10 January 2003; it received the information on 24 February 2003. II. DESCRIPTION OF THE MEASURE Aid recipient: Graphischer Maschinenbau GmbH The recipient of the aid, GMB, is based in Berlin and is a wholly-owned subsidiary of Koenig & Bauer-Albert AG (KBA), based in Wiirzburg. GMB manufactures parts for newspaper printing machinery and sells components to KBA, whose main activity is the manufacture of printing presses. The measure To prevent the closing down of GMB's facility in Berlin, which had run into difficulties, the Land of Berlin granted restructuring aid on 11 September 1997 for the period 1998 to 2000 in the form of a grant amounting to DEM 9,31 million (EUR 4,77 million). () [2002] ECR 11-2427.