20.8.2008 Official Journal of the European Union L 222/5 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 23 October 2007 on the State aid scheme C 33/06 (ex N 576/04) which Germany intended to implement for the introduction of digital terrestrial television in Bavaria (notified under document number C(2007) 5094) (Only the German version is authentic) (Text with EEA relevance) (2008/680/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, the transmission costs of commercial television broad- casters using the digital terrestrial platform. Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof (2) By letter of 31 January 2005, the Commission requested additional information to which Germany replied, after extension of the deadline, by letter of 22 March 2005, registered on the same day. A further request for infor- mation was sent on 20 May 2005 to which Germany replied by letter of 16 June 2005, registered on 24 June 2005. The measure had similarities to the public funding of digital terrestrial television in Berlin-Brandenburg where the Commission initiated the procedure on 14 July 2004 and adopted a final decision declaring 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 the aid incompatible with the Common Market on pursuant to those provisions (1), 9 November 2005 (). Whereas: (3)  In view of the similarities between the two cases, the Commission and Germany agreed to suspend the notifi- cation procedure in the present case in order to allow the L PROCEDURE authorities to assess the consequences of the Berlin-Bran- denburg decision for the present case. (1) By letter of 8 December 2004, registered on 10 December 2004, Germany notified the Commission in accordance with Article 88(3) of the EC Treaty of a measure concerning the financing of the rollout of digital terrestrial television in Bavaria by means of a subsidy for (4) By letter of 12 April 2006, the Commission requested Germany to determine its position in the notification procedure referred to in recital 2 within one month. By (") OJ C 202, 25.8.2006, p. 18, State aid C 33/06 (ex N 576/04) — : Introduction of digital terrestrial television (DVB-T) in Bavaria — letter of 12 May 2006, Germany informed the Invitation to submit comments pursuant to Article 88(2) of the - EC Treaty. () OJ L 200, 22.7.2006, p. 14.