12.11.2005 Official Journal of the European Union L 29619 COMMISSION COMMISSION DECISION of 2 March 2005 on the State aid implemented by Germany for Chemische Werke Piesteritz (notified under document number C(2005) 427) (Only the German text is authentic) (Text with EEA relevance) (2005/786EC) 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, (Prayon-Rupel), a direct competitor, expressed concern about the situation from the point of view of compe- tition. On 16 December 1997 the Commission decided not to raise any objections. Germany was informed accordingly on 22 January 1998. A summary of the decision was published in the Official Journal of the European Commu- nities (). In addition, the Commission informed Prayon- Rupel on 19 December 1997 and transmitted the full decision on 5 March 1998. On 5 May 1998 Prayon-Rupel brought an action for annulment to the Court of First Instance (CFI). On 15 March 2001 the decision in question was annulled (?). The judgment was notified to the Commission on 19 March 2001. Whereas: (5)  Following this judgment, the Commission initiated the formal investigation procedure on 20 June 2001. The . PROCEDURE Commission decision to initiate the procedure was published in the Official Journal of the European Commu- (1) By letter dated 7 March 1997, received on 15 April and nities (*). The Commission invited interested parties to registered on 18 April, Germany notified State aid measures in favour of Chemische Werke Piesteritz GmbH (hereinafter CWP). According to the notification, part of the aid had been granted beforehand. The Commission asked for additional information by letters dated 14 May 1997, 22 July 1997 and 4 November 1997. Germany replied by letters dated 10 July, registered on the same day, and 2 September, registered on the same day. The questions raised by the Commission in its letter of 4 November 1997 were discussed in a meeting with the German authorities on 24 November. On 17 June 1997 the Commission received a request for information from a direct competitor of the beneficiary. submit comments on the aid. By letter dated 20 August 2001, registered on 21 August, comments were submitted by a competitor, Chemische Fabrik Budenheim Rudolf A. Oetker (CFB). By letter dated 10 September 2001, registered on 13 September, Prayon-Rupel added to its comments of 15 June 2001, which had been registered on the same day. By letter dated 26 September 2001, registered on the same day, comments were submitted by BK Giulini GmbH (BK Giulini). These comments were transmitted to Germany by letters dated 29 October 2001 and 6 August 2002. Germany replied to these comments by letter dated 8 October 2002, registered on the same day, by submitting CWP’s response to the comments from third parties. () O] C 51, 18.2.1998, p. 7. () Judgment of the Court of First Instance of 15 March 2001, Case On 28 July 1997 Société chimique Prayon-Rupel SA T-73/98 Société chimique Prayon-Rupel SA v Commission of the European Communities [2001] ECR 1I-867. (") O] C 226, 11.8.2001, p. 2. (*) See footnote 1.