L 345/28 Official Journal of the European Union 23.12.2009 COMMISSION DECISION of 13 July 2009 on the restructuring aid for Combus A/S (notified under document C(2009) 4538) (Only the Danish text is authentic) (Text with EEA relevance) (2009/973/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, 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 pur- suant to the provisions cited above (*), and having regard to their comments, Whereas: 1. PROCEDURE (1) By letter dated 30 November 2000, the Danish authorities notified their intention to provide financial support to the state owned bus company Combus A/S (hereinafter referred to as ‘Combus’) in association with its sale to Arriva Denmark A[S (hereinafter referred to as ‘Arriva’). (2)  Prior to the notification, the Commission had received a letter, dated 25 June 1999, and a complaint, dated 11 November 1999, from the trade association ‘Danske Busvognmaend’ (2) in which the association criticised finan- cial support granted to Combus in the past and a possibly forthcoming new financial support. (3)  The Commission requested further information from the Danish authorities by letter dated 15 December 2000, to which the Danish authorities answered by letter dated 18 December 2000. The Danish Competition Authority also provided information by letter dated 20 December 2000. The Danish authorities provided further information by letter dated 8 January 2001. The Commission requested further information on 9 January 2001 to which the Dan- ish authorities replied on the same day. The Danish authorities provided further information by letter dated 23 January 2001 and by letter dated 26 February 2001. (1) 0] C233,22.9.2005, p. 28. (?) This association represents more than 90 % (in terms of number of companies) of the regional public bus transport undertakings in Den- mark. Meetings between the Danish authorities and the Commis- sion’s services have taken place in Brussels on 23 Novem- ber 2000 and 19 December 2000 and in Copenhagen on 4 January 2001 and on 15 January 2001. By decision SG(2001) D/287297 of 28 March 2001 (here- inafter referred to as ‘the initial decision’), the Commission, following a preliminary assessment, decided not to raise objections to the notified measures, considering that they — did not constitute State aid (as regards the compensa- tion payment of DKK 100 million for pension charges), or — were compatible, for an amount of DKK 162 mil- lion (3), with the common market based either on Article 73 EC or on Article 87(3)(c) EC in combina- tion with the Community Guidelines on State aid for rescuing and restructuring firms in difficulty (*) (here- inafter referred to as ‘the 1999 Restructuring Guide- lines’), or — were compatible, for an amount of DKK 328 mil- lion (%), with the common market based on Council Regulation (EEC) No 1191/69 of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway (). The decision was published in the Official Journal on 5 May 2001 (7). By letter of 8 May 2001, the Commission informed ‘Danske Busvognmaend’ of the initial decision. By letters dated 6 November 2002, received by the Com- mission on 12 November 2002, and dated 19 January 2004, received by the Commission on 20 January 2004, the Danish authorities reported to the Commission about the implementation of the restructuring plan for Combus. On 11 July 2001, ‘Danske Busvognmaend’ filed an action with the Court of First Instance (hereinafter referred to as ‘the CFI) for annulment of the initial decision. See Table 7 of the initial decision; this sum is expressed in 2001 net present value. 0J C 288, 9.10.1999, p. 2. See footnote 3. OJ L 156, 28.6.1969, p. 1. 0J C 133,5.5.2001, p. 21.