Article 2
This Decision is addressed to the Republic of Austria. Done at Brussels, 30 September 1998. For the Commission Franz FISCHLER Member of the Commission (1) OJ L 181, 1.7.1992, p. 21. (2) OJ L 126, 24.5.1996, p. 37. (3) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk. (4) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk. (5) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk. (6) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk. (7) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk. (8) OJ C 342, 12.11.1997, p. 4. (9) See Commission Decision 94/173/EC of 22 March 1994 on the selection criteria to be adopted for investments for improving the processing and marketing conditions for agricultural and forestry products and repealing Decision 90/342BEC (OJ L 79, 23.3.1994, p. 29). (10) OJ C 283, 19.9.1997, p. 2. (11) OJ L 91, 6.4.1990, p. 1; recast by Council Regulation (EC) No 951/97 (OJ L 142, 2.6.1997, p. 22); in the following reference is made only to Regulation (EC) No 951/97. (12) [1980] ECR 2671, paragraphs 11 and 12. (13) [1990] ECR, I-959, paragraph 43. (14) See footnote 7. (15) OJ C 74, 10.3.1998, p. 9. (16) Points 3.2.2 (ii) and 3.2.5 (a) of the Guidelines. (17) OJ C 29, 2.2.1996, p. 4. (18) See footnote 6. (19) See Philip Morris (footnote 7), paragraph 24. (20) As regards the effectiveness of a provision (see for instance judgment of the Court of Justice in Case C-34/62, Germany v. Commission [1963] ECR 271. (21) See fottnote 5, points 3.2.3 and 3.2.4. (22) OJ L 197, 30.7.1994, p. 4. (23) In this case investment aid was granted to restructure the marketing sector and restrict capacity in the sugar sector, which is excluded from investment aid. (24) In this case capacity restrictions were made a condition for investment aid to restructure the production sector. (25) See Philip Morris (footnote 7), point 17. (26) Austrian letter of 13 February 1998 and points 3 and 4.5 of Austria's letter of 14 November 1996. (27) See in this respect Commission Communication of 17 September 1984: Application of Articles 87 and 88 of the EC Treaty to public authorities' holdings (Bulletin EC 9-1984) and Commission Communication to the Member States on the application of Articles 87 and 88 of the EC Treaty and Article 5 of Commission Directive 80/723/EEC to public undertakings in the manufacturing sector (OJ C 307, 13.11.1993, p. 3). (28) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk. (29) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk. (30) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk.