26.11.2009 Official Journal of the European Union L 311/25 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 13 May 2009 on measures C 20/07 (ex NN 31/07) implemented by Spain in favour of Pickman (notified under document C(2009) 3541) (Only the Spanish text is authentic) (Text with EEA relevance) (2009/849/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (20 On 27 June 2007, the Commission informed the Spanish authorities that it had decided to initiate proceedings and received their comments by letters of 15 September 2007 and 26 November 2007. Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof, (3)  Following the publication in the Official Journal of the European Union on 10 October 2007 of the Decision to initiate proceedings pursuant to Article 88(2) of the EC Treaty (hereinafter ‘the opening Decision’), in which it invited the interested parties to submit their comments, the Commission received comments from the aid bene- ficiary, by letters registered on 26 November 2007 and 7 April 2008. On 12 February 2008 and 11 April 2008, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1) thereof, Having called on interested parties to submit their comments (') these comments were forwarded to the Spanish pursuant to the article cited above and having regard to their authorities, who replied on 2 April 2008. No obser- comments, vations from third parties were received. Whereas: 2. THE BENEFICIARY (4)  Pickman is a producer of dishes and chinaware estab- lished in Seville since 1841. The company has tradi- 1. PROCEDURE tionally focused on the production of high-range ] ) ) artisanal products, and their direct marketing to hotels, (1) Following allegations made by a complainant by letter restaurants and catering companies or through collab- registered on 5 April 2006 that the Spanish authorities orating retail outlets. Recently, it has diversified its had granted State aid to Pickman — La Cartuja de Sevilla SA (hereinafter ‘Pickman’ or ‘the company’), the European Commission (hereinafter ‘the Commission’) requested information from the Spanish authorities by letters dated 12 April 2006 and 12 February 2007, to which the Spanish authorities replied by letters registered on 7 June 2006, 30 August 2006 and 18 April 2007. () O] C 239, 11.10.2007, p. 12. activities into the market of corporate gifts and hostelry.  Pickman currently employs some 140 workers, and in 2005 its turnover was EUR 4,28 million. It must therefore be regarded as a medium- sized enterprise (?). () Within the meaning of Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (O] L 124, 20.5.2003, p. 36).