No L 138/18 Official Journal of the European Communities 19. 5. 82 COMMISSION COMMISSION DECISION of 10 March 1982 concerning the aid granted by the Belgian Government to an industrial and commercial group manufacturing wall coverings (Only the Dutch and French texts are authentic) (82/312/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof, After giving notice, in accordance with the above Article, to the parties concerned to submit their comments, Whereas : I 1. By letter dated 26 March 1979, the Belgian Government informed the Commission that, acting in essence under the law of 5 August 1978, it planned to grant aid to an industrial group engaged in the manu- facture of wall coverings operating a factory in Genval ; The aid consists in the acquisition of a Bfrs 120- million holding in the group and a 10-year Bfrs 20-million loan with a five-year interest-free period. In addition the Belgian Government has granted a Bfrs 140-million State guarantee for loans raised previously by the group; 2. By telex of 18 May 1979, the Belgian Govern- ment informed the Commission that further scrutiny would be needed and that, for this reason, it requested the Commission to suspend its investigation of the case ; 3.  When instituting the procedure under Article 93 (2) of the EEC Treaty on 4 February 1980, the Commission noted that the Belgian Government had put the aid into effect without complying with the procedure under Article 93 (3) of the Treaty; 4. The aid granted by the Belgian Government is the subject of a complaint by a Belgian wall-covering manufacturer and of comments submitted by a Flemish association of housepainters and by an inter- national association of wallpaper manufacturers repre- senting the main EEC manufacturers. These associa- tions claim that the aid granted by the Belgian Government gives rise to distortions of competition ; II 1. In its reply to the notice served by the Commis- sion under Article 93 (2) of the EEC Treaty, the Belgian Government confirmed on 15 April 1980 that the decision to grant the aid had been taken on 15 February 1979 2. The Belgian Government has pointed out that the aid is designed to help replenish the capital resources of a restructured firm. The aid was granted as an emergency measure ; HI 1. The new capital injection of Bfrs 150-5 million into the production subsidiary in Genval in 1975 was entirely used up by 31 August 1978. At the time the decision to grant the aid was taken, a bankruptcy peti- tion had already been lodged in respect of the subsidiary ; 2. The production subsidiary in question had suffered serious losses since 1973, with average annual losses in the period 1973 to 1978 being put at Bfrs 1384 million. It was declared bankrupt on 4 May 1981 by the Tribunal de Commerce of Nivelles; 3. The different forms of aid granted by the Belgian Government, including the acquisition of a holding in the group, satisfy the tests of Article 92 (1) of the EEC