2.2.2008 Official Journal of the European Union L 29/7 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 10 July 2007 on State aid C 20/06 (ex NN 30/06) implemented by Slovenia for Novoles Lesna Industrija Straza d.d. (notified under document number C(2007) 3223) (Only the Slovenian version is authentic) (Text with EEA relevance) (2008/90/EC) 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 (1), Whereas: I. PROCEDURE (1)  On 1 December 2004 the Commission received a complaint concerning alleged aid to the Slovenian wood-processing firm Novoles Lesna Industrija Straza d.d. (hereinafter Novoles Straza). (2)  The complaint concerned financial measures allocated to Novoles Straza on 27 May 2004 by decision of the Slovenian Government pursuant to Article 21 of the Slovenian Act Governing Rescue and Restructuring Aid () O] C 194, 18.8.2006, p. 22. for Companies in Difficulty. This measure was not notified to the Commission on the grounds that it had been approved by the Slovenian State Aid Monitoring Commission on 23 April 2004, ie. prior to accession. However, since the relevant criterion for determining when aid is granted is the legally binding act by which the competent national authority undertakes to grant state aid, the Commission considered that the measure in question constituted new aid, which should thus have been notified on the basis of Article 88 and assessed under Article 87 of the EC Treaty (2). (3) By letter dated 16 May 2006 the Commission informed Slovenia that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the aid. (4)  The Commission decision to initiate the procedure was published in the Official Journal of the European Union (3). The Commission invited interested parties to submit their comments on the aid/measure. (5 The Commission received no comments from interested parties. (%) Details of the procedure were described in the decision to open the procedure (see footnote 1) and remain relevant for the purpose of the present decision. () Cf. footnote 1.