L 34/70 Official Journal of the European Union 6.2.2004 COMMISSION DECISION of 10 December 2003 on the aid scheme for the Thiiringer Industriebeteiligungsfonds (notified under document number C(2003) 4495) (Only the German text is authentic) (Text with EEA relevance) (2004/115[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, and in particular 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 (*) and having regard to those comments, Whereas: 1. PROCEDURE After scrutinising the annual reports of the Thiiringer Industriebeteiligungsfonds (TIB-Fonds), the Commission had doubts as to the compatibility of the activities of the TIB-Fonds with its decision of 9 August 1994 on the TIB-Fonds aid scheme (state aid N 183/94). It accord- ingly initiated proceedings under No NN 120/98 and called for information to be provided (letter of 30 December 1998). Since the Federal Government did not react, the Commission informed Germany by letter dated 15 March 1999 of its decision to initiate the procedure provided for in Article 88(2) of the EC Treaty. In addition, by letter dated 17 November 1997, Germany notified the Commission of clarifications and amendments to the aid scheme previously approved by the Commission for a 10-year period under aid N 183/ 1994. It provided the Commission with additional infor- mation by letter dated 29 January 1998. The Commis- sion had doubts as to whether the TIB-Fonds was effec- tively controlled by the Land authorities. By letter of 15 March 1999 (see recital 1), Germany was informed of the Commission's decision to initiate the procedure provided for in Article 88(2) in respect of this aspect too. The Commission decision to initiate the procedure was published in the Official Journal of the European Commu- nities (). The Commission invited interested parties to submit their comments. () O] C 166, 9.6.2001, p. 14. () See footnote 1. (4) The comments received from interested parties were forwarded to Germany. By fax of 24 October 2003, Germany withdrew its application of 17 November 1997. 2. COMMENTS FROM INTERESTED PARTIES The only comments received were those submitted by the TIB-Fonds by letter dated 31 May 1999. 3. DESCRIPTION AND ASSESSMENT The present procedure covers two distinct aspects: first, the presumed improper application of the Commission decision of 9 August 1994 on the TIB-Fonds aid scheme and, second, the notification of an improved, partially amended aid scheme for the activities of the TIB-Fonds. Since the notification was withdrawn by Germany, the procedure should be closed in accordance with Article 8 of Council Regulation No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (). As regards the presumed improper application of the Commission decision in 1994, the period covered by the investigation extends from 9 August 1994 (notification to Germany of the Commission decision in procedure N 184/94) to 15 March 1999 (notification to Germany of the Commission decision initiating the procedure) (cf. point 4 of that decision). Several firms were referred to by name in that decision. In various parallel individual cases, the Commission has, in relation to those firms, examined the compatibility of the activities of the TIB- Fonds with the common market. The procedures are the following: MITEC (NN 31/97), Umformtechnik Erfurt (N 201/99), Compact Disc Albrechts (C 42/98), Kahla Porzellan (C 62/00), Zeuro Mébel (C 56/97), Henneberg Porzellan (C 36/00) and Deckel Maho (C 27/00). These cases are not, therefore, covered by the present proce- dure. () OJ L 83,27.3.1999, p. 1.