13.11.2008 Official Journal of the European Union L 302/9 COMMISSION COMMISSION DECISION of 2 July 2008 on a State aid scheme (C 1/04 (ex NN 158/03 and CP 15/2003)): Misuse of aid measure N 272/98, Regional Act No 9 of 1998 (notified under document number C(2008) 2997) (Only the Italian version is authentic) (Text with EEA relevance) (2008/854[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 those provisions ('), and having regard to their comments, Whereas: 1. PROCEDURE (), On 21 February 2003 the Commission received a complaint, which it registered under the number CP 15/03, alleging misuse of a regional scheme of assistance to the hotel industry in the Region of Sardinia that the Commission had approved in 1998, in case N 272/98. By letter dated 26 February 2003 (ref. D/51355) the Commission asked the Italian authorities for clarification. By letter dated 28 March 2003 the Commission agreed to a request from the Italian authorities asking it to extend the deadline for providing the information; the information was subsequently submitted by letter dated 22 April 2003 (ref. A[33012). On 3 February 2004, the Commission decided under Article 88(2) of the EC Treaty to open a formal investi- gation into the possible misuse of aid measure No N 272/98. The decision to initiate the procedure was () O] C 79, 30.3.2004, p. 4, and OJ C 32, 14.2.2007, p. 2. (10) published in the Official Journal of the European Union (2). The Commission there called on interested parties to submit their comments. By letter dated 10 March 2004 (ref. D/5172), the Commission agreed to a request from the Italian auth- orities asking it to extend the deadline for submitting comments; the Italian authorities submitted their comments by letter dated 19 April 2004, registered at the Commission on 26 April 2004 (ref. A[32956). By letter dated 30 April 2004, registered at the Commission on the same day, the Commission received comments from one interested party, a recipient of aid under the scheme. The Commission did not receive any further comment from the complainant. By letter ref. D[53359 dated 13 May 2004, the Commission forwarded these observations to the Italian authorities to allow them to reply. The Italian authorities did not react to the comments submitted. On 7 December 2004, a meeting with the Italian auth- orities took place in Brussels. By letter of 28 June 2005, registered at the Commission on 30 June 2005 (ref. A[35257), the Italian authorities submitted further information. On 22 November 2006 the Commission decided to correct and extend the scope of the investigation; the decision was published in the Official Journal of the European Union (}). The Commission there called on interested parties to submit their comments. () 0] C 79, 30.3.2004, p. 4. () O] C 32, 14.2.2007, p. 2.