L 71/20 Official Journal of the European Union 17.3.2009 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 10 December 2008 on State aid C 60/07 granted by Italy to Fluorite di Silius SpA (notified under document number C(2008) 7805) (Only the Italian text is authentic) (Text with EEA relevance) (2009/239/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 ('), and having regard to their comments, Whereas: I. PROCEDURE (1) On 11 December 2007 the Commission informed Italy that it had decided to initiate the formal investigation procedure laid down in Article 88(2) of the EC Treaty in respect of aid granted to Fluorite di Silius SpA. The Commission’s Decision to initiate the procedure was published in the Official Journal of the European Union (?). The Commission asked interested parties to submit their comments. () O] C 30, 2.2.2008, p. 28. () 0] C 30, 2.2.2008, p. 28. ) On 17 January 2008 the Commission received obser- vations from Italy on the opening of the formal investi- gation. On 20 February 2008 the Commission forwarded the opening decision to the three companies which had commented on the initiation of a formal investigation in the related case C 16/06 Nuova Mineraria Silius (*). The Commission received comments from three companies, respectively on 3 March 2008, 4 March 2008 and 5 March 2008. On 28 April 2008 the third parties’ observations were sent to Italy for comment. On 18 March 2008, a meeting was held between the Commission and the Italian authorities. On 15 May 2008, Italy was sent a request for information; Italy replied in a letter recorded as incoming mail on 10 June 2008. II. DESCRIPTION On 8 February 2007 the Commission received a complaint alleging that the Region of Sardinia was planning: (i) to issue an invitation to tender for a mining concession in respect of the Genna Tres Montis mine, which had been given up by Nuova Mineraria Silius on 25 July 2006; (i) to set up a new company, Fluorite di Silius SpA, which would take part in the tender; and (iii) to transfer all the former employees of Nuova Mineraria Silius to Fluorite di Silius. () O] L 185, 17.7.2007, p. 18.