No L 223/30 Official Journal of the European Corhmunities 9. 8. 86 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 10 June 1986 concerning aid which the Belgian Government has granted to a ceramic sanitary ware and crockery manufacturer (Only the French and Dutch texts are authentic) (86/366/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subpara- graph of Article 93 (2) thereof, Having given notice in accordance with the above Article to interested parties to submit their comments and having regard to those comments, Whereas : I By Decisions of 16 February 1983 and 24 October 1984 the Commission found that the Bfrs 475 million and Bfrs 83 million in aid granted without prior notification in 1981 and 1983 to a ceramics manufacturer at La Louviere in the form of subscriptions of new capital was incompatible with the common market and therefore had to be withdrawn. These Decisions gave rise to Cases 52/84 and 40/85 before the Court of Justice and have not yet been implemented. The Commission, having learnt of the Belgian Govern- ment’s intention to provide the firm in question with fresh support, again through the agency of its regional authorities, in the form of a subscription of Bfrs 295,3 million of new capital, informed the Belgian Government by letter dated 14 June 1984 that the support had to be notified under Article 93 (3) of the EEC Treaty and asked it to effect such notification within a period of 15 days. The Belgian Government answered the Commission’s request by telexes dated 29 June and 19 July 1984, informing it of its decision to participate in a 2953 \ million capital increase, planned but not yet carried out, by the firm. It stressed that it was at the Commission’s express request that the notification was being made, as in its view the share purchase was.not an aid within the meaning of Article 92 of the EEC Treaty and was there- fore not subject to the prior notification obligation laid down in Article 93 (3) of the EEC Treaty. The capital increase was intended to enable the firm to undertake investments mainly in the crockery division. The Commission decided on 23 August 1984 to initiate the procedure provided for in Article 93 (2) of the Treaty in respect of the aid proposal. It considered that the financial support in question constituted an aid within the meaning of Article 92 (1) of the Treaty and that the aid did not appear to satisfy the conditions necessary for application of one of the exceptions contained in Article 92 (2) and (3), and gave the Belgian Government notice, by letter dated 27 August 1984, to submit its observations. I The Belgian Government answered the Commission’s letter by telex dated 26 September 1984, in which it repeated its opinion that the share purchase in question constituted, not a State aid, but a decision comparable to that of a private shareholder, in view of the substantial costs that would be incurred if the firm were to close. It pointed out that the capital increase plan aimed primarily to finance investment in the sanitary ware division, involving no increase in capacity, and that the firm’s overall operating results had improved considerably.