21.7.2010 Official Journal of the European Union L 188/1 II (Non-legislative acts) DECISIONS COMMISSION DECISION of 15 December 2009 on State aid C 17/09 (ex N 265/09) by Germany for the restructuring of Landesbank Baden-Wiirttemberg (notified under document C(2009) 9955) (Only the German text is authentic) (Text with EEA relevance) (2010/395/EU) THE EUROPEAN COMMISSION, measure is compatible with EU State Aid rules with regard to valuation und burden sharing and initiated a formal investigation procedure. Having regard to the Treaty on the Functioning of the European Union and in particular the first subparagraph of Article 108(2) 1 thereof (1, (2)  The opening decision was published in the Official Journal of the European Union (*). The Commission called on all interested parties to submit their comments. The Commission received no comments from the parties concerned. Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having called on the Member States and other interested parties to submit their comments () and having regard to their 3) Op questions concerning the method of.asset evaluation comments within the framework of the asset relief measure the ’ Commission received technical support from external experts under contract to it (Duff & Phelps, Professor Wim Schoutens) and from technical experts in the Whereas: European Central Bank (ECB). 1. PROCEDURE 4 On 9 October 2009 Germany presented the Commission with a restructuring plan for LBBW, which has been supplemented on several occasions with further details. The last details were sent on 3 December 2009. (1) In Decision C (2009) 5260 of 30 June 2009 in Case C 17/09 () (hereinafter referred to as the ‘opening decision’) the Commission approved for a limited period an injection of capital and an asset relief measure by the State of Baden-Wiirttemberg and other public entities for the Landesbank Baden-Wiirttemberg (hereinafter referred to as ‘LBBW’ or ‘the bank’). At the same time the Commission expressed doubts in the aforementioned Decision as to whether the asset relief There were a number of meetings, exchanges of e-mails and telephone conferences between the Commission and Germany. (") With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and 102, respectively, of the TFEU; the two sets of provisions are in substance identical. For the (6) purposes of this Decision, references to Articles 101 and 102 of the TFEU should be understood as references to Articles 81 and 82, respectively, of the EC Treaty where appropriate. () OJ C 248, 16.10.2009, p. 9. () O] C 248, 16.10.2009, p. 9. On 3 December 2009 Germany gave a number of commitments concerning the implementation of the restructuring plan. (*) See footnote 1.