L 25922 Official Journal of the European Union 2.10.2009 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 2 July 2008 on State Aid C 11/2007 which Italy has implemented in favour of the company Ottana Energia Srl (notified under document C(2008) 3117) (Only the Italian text is authentic) (Text with EEA relevance) (2009/730/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: ) o o I. PROCEDURE On 23 February 2006, the Italian authorities notified the Commission a rescue aid to Ottana Energia Srl (Ottana Energia), which had been put into effect on 29 December 2005, i.e. before the notifi- cation. On 14 July 2006, the Italian authorities notified a restructuring plan. Such plan would have auto- matically resulted in the prolongation of the rescue aid pursuant to point 26 of the guidelines on State aid for rescuing and restructuring firms in difficulty (%) (hereinafter guidelines). On 6 December 2006, the Commission with decision C(2006) 5829 (hereafter the rescue decision) indicated that it had no objections against the rescue aid. As the restructuring plan appeared however not credible the decision rejected its capability to prolong the rescue aid and ruled that the rescue aid should end on 8 January 2007. As the rescue aid was not terminated, the Commission on the basis of point 27 needed to follow up on the illegal rescue aid. By letter dated 4 April 2007 the Commission informed Italy that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in this respect. The Commission also raised doubts about the compatibility of the restructuring aid. ] C 122, 2.6.2007, p. 22. ] C 244, 1.10.2004, p. 2.