Article 2
This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 9 April 2002. For the Commission Mario Monti Member of the Commission (1) OJ C 280, 2.10.1999, p. 8. (2) See footnote 1. (3) For further details see the Commission decision initiating the formal investigation, and in particular points 2.2 to 3.1 (footnote 1). (4) OJ C 209, 10.7.1997, p. 3. (5) Judgment of the Court of First Instance in Case T-37/97, Forges de Clabecq v Commission, [1999] ECR II-0859, paragraph 3. (6) Letter from Germany, 9 April 1999. (7) Letter from Germany, 28 July 1999. (8) LEG Thüringen was set up in 1992 at a time when "the sale of industrial land ... had peaked": see recital 22. (9) See footnote 8: development and reclamation costs can be higher in the case of old industrial sites; there is a greater fear of inherited burdens; the image of the location may be negative; ownership can be unclear; buildings or land may be listed for preservation; delays can occur in the process of preparation for building; infrastructure may be insufficient; the possible site configurations may be restricted; and there may be disadvantages in the positioning of the site and especially the transport links available. (10) Judgment of the Court of Justice in Case C-40/85, Belgium v Commission, dated 10 July 1986 [1986] ECR 2321, paragraph 13. (11) See Commission decision in the Fresenius case, OJ C 21, 25.1.1994, p. 4 and Commission Decision 98/384/EC, OJ L 171, 17.6.1998, p. 36. (12) See Commission Decision 2000/389/EC (English Partnerships), OJ L 145, 20.6.2000, p. 27; and Commission Decision of 12 January 2001 in the Business Infrastructure Development case, State aid measure N 657/1999, which can be consulted on the Internet site of the Secretariat-General of the European Commission: http://europa.eu.int/comm/ secretariat_general/sgb/droit_com/ index_en.htm aides. (13) Cases where the annual rent exceeded EUR 15338,78. (14) The Commission has a table listing all such undertakings; see recital 10. (15) Letter from Germany, 6 July 2000.