L 80/32 Official Journal of the European Communities 18. 3. 98 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 16 April 1997 on the aid granted by Italy to Enirisorse SpA (Only the Italian text is authentic) (Text with EEA relevance) (98/212/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular point (a) of Article 62(1) thereof, After giving notice to the parties concerned, in ac- cordance with the aforementioned Articles, to submit their comments, Whereas: By letter dated 15 January 1996 the Commission informed the Italian Government of its decision to open the procedure pursuant to Article 93(2) of the Treaty in respect of aid given to Enirisorse S.p.A. and the group of companies led by that company (hereinafter referred to as ‘Enirisorse’). Enirisorse was 100 % owned by the Italian State holding company ENI and was recapitalised with ITL 1 819 billion in the years 1992-1996. The Commission decided to initiate the procedure with regard to those capital injections. The Commission’s decision to open the pro- cedure was published in the Official Journal of the Euro- pean Communities, inviting other Member States and interested third parties to submit their comments on the matter ('). The Italian Government gave its reaction by letters of 3 July 1996, 5 August 1995, and 13 January 1997. No other Member State nor any interested party submitted comments to the Commission. II In its answer to the letter initiating the procedure, the Italian Government, while submitting detailed informa- tion as to the restructuring plan of Enirisorse, has expressed the following general opinions: (1) the recapitalisations were not undertaken by the State, and public funds were not used for that purpose; (2) the recapitalisations undertaken by ENI in favour of Enirisorse pass the private-investor test and are there- fore not State aid; and (3) the recapitalisations possibly constituted State aid compatible with the common market. As to point (1), the Italian Government claims that the recapitalisations were not undertaken directly by the State but by ENI, and that operations by ENI in respect of its subsidiary Enirisorse are not automatically attributable to the Italian State. The Italian Government observes that ENI was trans- formed in July 1992 from a public economic body into a public limited company. The ENI shares were held by the Ministry of the Treasury. () OJ C 102, 4. 4. 1996, p. 11.