145Secondly, the applicant alleges that the Commission based its assessment under Article 87(3) (c) EC on incorrect facts, namely the restructuring plan sent to it on 1 December 1998. That plan was inconsistent with the restructuring of the applicant proposed at the time of the adoption of the contested decision on 12 June 2001, which was the decisive date in the present case (Case T-6/99 ESF Elbe-Stahlwerke Feralpi v Commission [2001] ECR II-1523, paragraph 93). The Commission had assured the German authorities that it would inform them before adopting the contested decision so that they could send it the new restructuring plan which they had proposed to send to it in their communication of 27 February 2001. Accordingly, the applicant takes the view that the Commission ought not to have based the contested decision on the 1998 restructuring plan.
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