L7/6 Official Journal of the European Communities 12.1.2000 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 28 July 1999 on state aid granted by the Federal Republic of Germany to Brockhausen Holze GmbH (notified under document number C(1999) 2914) (Only the German text is authentic) (Text with EEA relevance) (2000/21/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 called on interested parties to submit their comments pursuant to the provisions cited above (') and having regard to their comments, Whereas: 1. PROCEDURE By a complaint dated 2 September 1996 (registered as received on 6 September 1996), the Commission was informed that the Land of Saxony had granted state aid to Brockhausen Holze GmbH (BHC), Chemnitz. In response to Commission requests for information dated 16 September 1996 and 22 November 1997, the German authorities sent formal replies on 15 October 1996 and 7 February 1997. On the basis of the informa- tion contained in the last of those letters, the aid was () O] C 144, 9.5.1998, p. 15. registered as non-notified aid on 8 April 1997. On 18 April 1997 BHC filed for insolvency (Gesamtvollstreckung: special insolvency procedure for firms in the new Lander). In letters dated 21 April, 12 June and 18 July 1997 the Commission asked the German authorities to notify the aid. In letters dated 26 June and 15 August 1997, the German authorities refused on the ground that notification no longer served any purpose because the firm had filed for insolvency. By letter dated 18 February 1998, the Commission informed Germany of its decision to initiate the proce- dure laid down in Article 88(2) of the EC Treaty. In addition, it formally requested Germany (?) to provide it, within one month of receiving the request, with all necessary documentation and information for assessing the compatibility of the aid already granted with Article 87 of the EC Treaty. Germany replied by letter dated 4 May. The Commission decision to initiate the procedure was published in the Official Journal of the European Communi- ties (°). In its decision, the Commission invited all inter- ested parties to submit their comments on the aid. On 9 June 1998 the Commission received a set of comments which it forwarded to the German authorities on 25 January 1999. After the deadline had been extended several times, Germany was given the opportunity to comment by 31 March 1999. It did not comply with this deadline. After receiving a reminder from the Commission, Germany finally submitted its comments on 11 May 1999. () In accordance with the judgment of the European Court of Justice given on 13 April 1994 in Joined Cases C-324/90 and C-342/90 Federal Republic of Germany and Pleuger-Worthington V  Commission [1994] ECR I-1173. () See footnote 1.