24.3.98 Official Journal of the European Communities L 88/53 COMMISSION COMMISSION DECISION of 15 July 1997 concerning financial aid granted to Lloyd Triestino Societa di Navigazione SpA and Italia di Navigazione SpA (Only the Italian text is authentic) (Text with EEA relevance) (98/234/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Atrticle 93(2) thereof, Having regard to the Agreement establishing the Euro- pean Economic Area, and in particular point (a) of Article 62(1) thereof, Having, in accordance with the provisions of the above- mentioned Articles, given notice to the parties concerned to submit their comments and having regard to those comments, Whereas: On 16 February 1994 (by letter registered under reference SG (94) A/3082 on 24 February), the Permanent Repre- sentation of Italy notified the Secretariat-General of the Commission of a new Decree Law (‘DL’) (') No 22/94 (3), which concerned urgent measures for different sectors of the Italian economy. This DL included a proposal to grant financial support to the maritime sector, specifically in the form of a capital injection into Lloyd Triestino () Under the Italian Constitution (Article 77), in cases of extra- ordinary need or emergency, the government may adopt provisional measures which have the force of law. These Decree-Laws (‘DLs’) come into effect automatically following their publication in the Italian State Gazzetta Ufficiale (Offi- cial Journal) and remain in force for up to 60 days. DLS must be presented by the government to the Parliament for enact- ment and lose their validity if, after 60 days of their publica- tion in the Gazzerta Ulfficiale, they have not been enacted. In many instances, DLs have been replaced on expiry by successive new DLs, although some provisions may be amended, and measures can remain in force without enact- ment for months or even years. However, the Constitutional Court in Italy ruled in 1996 that DLs can no longer be renewed after 60 days as this undermines the principle that DLs are only justified in cases of urgency DL 22/94 of 13 January 1994, published in the Gazzetta Ufficiale della Repubblica Italiana No 11 of 15 January 1994. (2 ~ Societa di Navigazione SpA (hereinafter referred to as ‘Lloyd’) and Italia SpA di Navigazione (hereinafter: ‘Italia’), the two international liner shipping companies within the Finmare group (*), as part of an overall restruc- turing plan. This Decree Law was subsequently replaced by Law 204/95, whic remains in force. It is this recapital- isation which is the subject of this consultation and proposal for a Commission decision. In view of the publication of DL 22/94 in the Gazzetta Ufficiale della Repubblica Italiana on 15 January 1994 and its consequent entry into force, the recapitalisation plan was registered by the Secretariat-General as a non- notified aid scheme. On 27 July 1994, the Commission decided to initiate the Article 93(2) procedure (*), considering that there were, at that stage, doubts about the compatibility of the proposed financial support with the Treaty. In response, comments were received from the Italian shipowner’s association (Confederazione Italiana Armatori or ‘Confitarma’ (%)), the United Kingdom authorities and lawyers representing a competitor of Lloyd. The Italian authorities submitted their comments and further information by letters of 13 October and 24 November 1994. Regular exchanges of correspondence took place during 1998, as the Finmare restructuring plan took shape, and the final information required for the () Finmare is a State-controlled holding company which directly controls 12 shipping companies operating in different sectors, including international liner (container) services (Italia and Lloyd), local and Mediterranean coastal navigation and cabo- tage. Finmare handles 45 % of Italy’s bulk cargo, 9 % of container transport, 18 % of coastal freight and 65 % of passenger traffic through Italian ports (IRI group 1992 to 1993 yearbook). () OJ C 333, 29. 11. 1994, p. 6. (°) Confitarma represents 83 % of the private shipowners in Italy.