25.2.2009 Official Journal of the European Union L 52/3 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 12 November 2008 on the loan of EUR 300 million granted by Italy to Alitalia No C 26/08 (ex NN 31/08) (notified under document number C(2008) 6743) (Only the Italian text is authentic) (Text with EEA relevance) (2009/155EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having called on interested parties to submit their comments pursuant to the provisions cited above (') and having regard to their comments, Whereas: 1. PROCEDURE (1) At a meeting on 23 April 2008 the Italian authorities informed the Commission that the Italian Council of Ministers had approved, on 22 April 2008, the granting of a loan of EUR 300 million to Alitalia through Decree-Law No 80 of 23 April 2008 (3. (2)  Since it had not received notification from the Italian authorities prior to the decision to grant this loan, by (1) O] C 184, 22.7.2008, p. 34. (®) Decreto-legge n° 80, Misure urgenti per assicurare il pubblico servizio di trasporto aereo (Official Gazette of the Italian Republic No 97, 24.4.2008). letter of 24 April 2008 (D[422119) the Commission asked them to confirm the existence of this loan, to provide any relevant information allowing an assessment of the measure in respect of Articles 87 and 88 of the Treaty, to suspend granting of the loan and to inform the Commission of the measures taken to comply with this obligation in accordance with Article 88(2) of the Treaty. (3)  In that letter, the Commission also reminded the Italian authorities of the requirement on them to notify all plans to grant or alter aid and not to implement any planned measure before a final decision has been reached in the Commission’s investigation procedure. (4) By letter of 7 May 2008 the Italian authorities asked for an extension to the deadline which they had been given to reply to the Commission’s letter of 24 April 2008. The Commission granted this request by letter of 8 May 2008 (D/423186), asking the Italian authorities to reply by 30 May 2008. (5) By letter of 30 May 2008 the Italian authorities replied to the Commission’s letter of 24 April 2008. In this letter, the Italian authorities informed the Commission, among other things, of the adoption, on 27 May 2008, of Decree-Law No 93 (%), giving Alitalia the option of counting the value of the aforementioned loan as part of its capital. (}) Decreto-legge n°® 93, Misure urgenti per assicurare il pubblico servizio di trasporto aereo (Official Gazette of the Italian Republic No 127, 28.5.2008).