L 17/50 Official Journal of the European Union 22.1.2010 COMMISSION DECISION of 21 October 2008 on State aid C 20/08 (ex N 62/08) which Italy is planning to implement through a modification of scheme N 59/04 concerning a temporary defensive mechanism for shipbuilding (notified under document C(2008) 6015) (Only the Italian text is authentic) (Text with EEA relevance) (2010/38/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 ('), Whereas: (4) I. PROCEDURE By letter dated 1 February 2008, registered as received at the Commission on the same day, Italy notified the Commission of State aid C 20/08 (ex N 62/08). By letter registered as received at the Commission on 18 March 2008, Italy provided the Commission with further information. By letter dated 30 April 2008 the Commission informed Italy that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the aid. This decision was notified to Italy on 7 May 2008. The Commission decision to initiate the procedure was published in the Official Journal of the European Union (2). The Commission invited interested parties to submit their comments on the aid. By e-mail of 4 June 2008, registered as received at the Commission on that day (i.e. within the deadline for the (1) OJ C 140, 6.6.2008, p. 20. () See footnote 1. submission of comments from Italy laid down in the decision to initiate the procedure), Italy asked for the period for submitting comments to be extended by one month. By letter dated 9 June 2008, the Commission granted the request and extended the deadline for the submission of comments to 7 July 2008. Italy eventually submitted its comments by letter dated 7 July 2008, registered as received at the Commission on the same day (i.e. within the extended time limit). The Italian shipyard Cantiere Navale De Poli s.p.a. (here- inafter ‘De Poli’), which claimed to be an interested party, submitted comments by letter dated 17 September 2008, registered as received at the Commission on 17 September 2008. De Poli is an Italian shipyard estab- lished in Venezia-Pellestrina. According to the information in the notification, it is one of two shipyards which could potentially benefit from State aid under the scheme mentioned in recital 6 below, provided that the notified aid is approved. However, the period within which interested parties could submit comments expired one month after the publication in the Official Journal of the European Union of the decision to initiate the procedure laid down in Article 88(2) of the EC Treaty, ie. on 7 July 2008. De Poli’s comments were submitted after the end of this period. De Poli claims that it had only belatedly become aware of the Commission’s decision to initiate the procedure and of Italy’s comments on this decision. Article 88(2) of the EC Treaty requires the Commission to give the parties concerned notice to submit their comments. However, it does not require the Commission to notify interested parties individually, but to ensure that all potentially interested parties have the opportunity to submit comments. The publication of a notice in the Official Journal is an appropriate means of informing all the parties concerned that a procedure has been initiated (). Consequently, De Poli must be considered to have been given due notice of the decision to initiate the procedure and of the time limit set for submitting comments through the publication cited (}) Judgment of the Court Justice in Case 323/82 Intermills v Commission [1984] ECR 1984, p. 3809, paragraph 17.