L271/28 Official Journal of the European Communities 12.10.2001 COMMISSION COMMISSION DECISION of 18 July 2001 concerning the recapitalisation of the company Alitalia (notified under document number C(2001) 2349) (Only the Italian text is authentic) (Text with EEA relevance) (2001/723[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 88(2) thereof, Having regard to the Agreement establishing the European Economic Area, and in particular Article 62(1)(a) and Protocol No 27 thereof, Having regard to Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty ('), Having given the parties concerned notice, in accordance with the provisions of the aforementioned Articles, to submit their observations, and having regard to these observations, Whereas: " ) THE FACTS By Decision 97/789/EC (3 (hereinafter referred to as the ‘1997 Decision’), the Commission author- ised the Italian authorities to grant State aid for restructuring in the form of a capital injection totalling ITL 2 750 billion to the Italian company Alitalia Linee Aeree Italiane SpA (hereinafter referred to as ‘Alitalia’). The aid was intended to support a restructuring plan (hereinafter referred to as the ‘plan’) which was completed on 31 December 2000. Articles 1, 2 and 3 of the Decision state: ‘Article 1 The aid granted by Italy to the company called Alitalia Linee Aeree Italiane SpA (hereinafter: Alitalia), in the form of a capital injection totalling ITL 2 750 billion for the restructuring of the company in conformity with the plan notified to the Commission on 29 July 1996 and adjusted on 26 June 1997, is deemed to be compatible with the common market and the EEA Agreement pursuant to Article 92(3)(c) of the Treaty and Article 61(3)(c) of the Agreement provided that Italy fulfils the following undertakings: 1. to adopt the behaviour of a normal shareholder towards Alitalia; to enable it to be managed in accordance with commercial principles only and not to become involved in its management for reasons other than those strictly related to the Italian State's status as a shareholder; 83, 27.3.1999, p. 1. oL O] L 322, 25.11.1997, p. 44.