9.9. 92 Official Journal of the European Communities No L 263/15 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 14 April 1992 concerning aid granted by the Land of Berlin to Daimler-Benz AG Germany (C 3/91 ex NN 5/91) (Only the German text is authentic) (92/465/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subpara- graph of Article 93 (2) thereof, Having given the parties concerned the opportunity to submit their comments, in accordance with the above- mentioned Article ('), : Whereas : In early July 1990 it became known that Daimler-Benz AG (DB) intended to purchase from the Berlin Senate, for DM 92,9 million, a large piece of land near the former Potsdamer Platz, where until recently part of the Berlin Wall stood. ' On 13 July 1990 the Commission received a complaint concerning the low price at which the land was being sold to DB. This position was also confirmed by press reports claiming that the market price exceeded the price fixed by the Berlin Senate by more than 400 % (corresponding to a subsidy of some DM 400 million). The letter of 13 July 1990 was later withdrawn. () OJ No C 128, 18. 5. 1991, p. 5. In response to the Commission’s requests for information by letters dated 26 July and 9 October 1990, the German authorities supplied detailed information on the transac- tion by letters dated 25 July, 5 September, 20 September and 28 November 1990, providing : — a copy of the valuation report by the Senatsverwaltung fir Bau- und Wohnungswesen (SBW — Senate Admi- nistration for Construction and Housing) dated 28 May 1990, — a copy of the contract of sale, — copies of extracts from German laws and regulations relating to property transactions by public authorities, — copies of the relevant maps prepared by the Gut- achterausschufl fiir Grundstiickswerte in Berlin (GGB — Expert Group on Land Valuations in Berlin) which contain land values as at 31 December 1988 for parts of Berlin, — some explanations of the practice of land valuations, — data on other land sales in the same area, — two valuations performed in 1990 for comparable land sales in the same area, — background information on the trend of rental values in Berlin. Under the contract of sale of 16 July 1990, the 61 710 m? site was sold by the Land of Berlin to DB free from all encumbrances for DM 92 873 550. The price is based on a floor area indicator of 4,0, with the purchase price rising or falling by DM 25/m? for each increase or decrease of 0,1 in the floor area indicator (with a lower limit of 3,5). Building on the land is to be carried out in accordance with the result of a competition involving ideas for the