Article 5
This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 31 October 1995. For the Commission Karel VAN MIERT Member of the Commission (1) OJ No L 362, 31. 12. 1991, p. 57. (2) OJ No C 293, 21. 10. 1994, p. 3. (3) Bundesgerichtshof, Judgment of 19 September 1988 - II ZR 255/87, Der Betrieb 1988, p. 2141; lower courts: Hanseatisches Oberlandesgericht Hamburg, Judgment of 24 July 1987 - 11 U 182/86, Der Betrieb 1987, p. 1778 and Landgericht Hamburg, judgment of 15 August 1986 - 3 O 288/84. (4) This decision of the Bundesgerichtshof, taken on 13 July 1992, published on 2 October 1992 in Der Betrieb 1992, p. 2026, covered a case, not connected to the present case, in which a lender had had a comparable contractual relation with its debtor as HLB had with HSW. (5) See Court of Justice, Cases C-40/85, Belgium v. Commission, [1986] ECR 2321, 2345; C-303/88, Italy v. Commission, [1991] ECR, I-1433, 1476 ('ENI Lanerossi`), Commission Decision No 3855/91/ECSC, OJ No L 362, fifth paragraph under II, and communication of the Commission to Member States concerning public undertakings, OJ No C 307, 13. 11. 1993, p. 3, paragraphs 10 to 21. (6) Italy v. Commission, [1991] ECR I-1603 ('Alfa Romeo`). (7) Spain v. Commission, [1994] ECR I-4103 ('Hytasa`), see European Journal of Business Law, 1994, p. 694.