State aid (Articles 87 to 89 of the Treaty establishing the European Community) — Commission notice pursuant to Article 88(2) of the EC Treaty to other Member States and interested parties — State aid C4/2004 (ex N55/2003) — Environmental protection aid for Wagner GmbH, Saarland (Germany)   (Text with EEA relevance)
Date: 2005-07-05
Institutions: European Commission
Subjects: Germany, State aid, control of State aid

5.7.2005

EN

Official Journal of the European Union

C 163/7

STATE AID

(Articles 87 to 89 of the Treaty establishing the European Community)

Commission notice pursuant to Article 88(2) of the EC Treaty to other Member States and inter-
ested parties

State aid C4/2004 (ex N55/2003) — Environmental protection aid for Wagner GmbH, Saarland
(Germany)

(2005/C 163/05)

(Text with EEA relevance)

By means of the following letter dated 2 February 2005, the Commission notified Germany of its decision
to close the procedure initiated under Article 88(2) of the EC Treaty:

‘By letter dated 15 January 2003, Germany notified the Commission of its intention to grant aid to
Wagner. It provided additional information by letters dated 7 February and 14 February 2003. The
Commission asked for additional information by letters dated 27 February, 6 June, 9 September and
10 December 2003, to which Germany replied by letters dated 26 March, 2 April, 28 July, 30 October
and 22 December 2003 respectively. A meeting between representatives of the Commission and repre-
sentatives of Germany took place on 20 October 2003.

By decision of 18 February 2004, the Commission initiated the procedure under Article 88(2) of the
EC Treaty in respect of the notified measure. The decision was communicated to Germany by letter
dated 19 February. Germany took note of the decision by letter dated 24 March and added that the
planned aid would be significantly higher than the notified amount. On the basis of this information,
the Commission decided on 7 May to extend the Article 88(2) procedure. This decision was communi-
cated to Germany by letter dated 11 May. Germany took note of the decision by letter dated 8 June.
The Commission asked for additional information by letter dated 15 October.

The Commission's decisions were published in the Official Journal of the European Union (1) on 7 April
and 21 August 2004. The Commission did not receive any comments from interested parties.

By letter dated 6 December 2004, Germany notified the Commission that the firm had decided not to
press ahead with the investment project for which aid had been notified. By letter dated 6 January
2005, Germany confirmed that it was withdrawing its notification.

The Commission notes that, under Article 8 of Council Regulation (EC) No 659/1999, (2) the Member
State concerned may withdraw a notification in due time before the Commission has taken a decision
on the aid. In cases where the Commission has initiated the formal investigation procedure, it closes
that procedure.

Consequently, the Commission has decided to close the formal investigation procedure initiated under
Article 88(2) of the EC Treaty in respect of the abovementioned aid, since Germany has withdrawn its
notification.’

(1) OJ C 87, 7.4.2004, p. 5, and C 211, 21.8.2004, p. 8.
(2) Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93

(now Article 88) of the EC Treaty (OJ L 83, 27.3.1999, p. 1).