23.12.2009 Official Journal of the European Union L 345/1 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 12 May 2009 on State aid which Germany proposes to grant towards the restructuring of WestLB AG (C 43/08 (ex N 390/08)) (notified under document C(2009) 3900) (Only the German text is authentic) (Text with EEA relevance) (2009/971/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 88(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, compatible with the common market, and authorised it in accordance with the Community guidelines on State aid for rescuing and restructuring firms in difficulty (the res- cue and restructuring guidelines) (*) for six months, or, in the event that a restructuring plan was submitted, until such time as a final decision was taken on the restructur- ing plan. (20  On 8 August 2008 Germany notified to the Commission a restructuring aid measure with a restructuring plan for Having called on interested parties to submit their comments pur- WestLB. The notification included a commitment to sub— suant to the provisions cited above (1) mit by 31 December 2008 ‘concrete steps’ for a change in the ownership structure. Whereas: (3)  Byletter dated 1 October 2008, the Commission informed Germany that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the 1. PROCEDURE measure. (1) By Decision of 30 April 2008 (?) the Commission found @ The Comrglss10nhdec1s1op todlmltl.ate the forrg;l ;ln\ée.s tlg}? A that the risk shield provided to WestLB AG on 8 February tion procedure (¢ ehopemng ecision) Zvas ﬁu ished In the 2008 by its owners, namely Westfilisch-Lippischer Official Journal of the European Union (*). The Commission Sparkassen- und Giroverband.Rheinischer Sparkassen- there invited any other interested parties to submit their und Giroverband, and — directly and indirectly, through Egzﬁzﬁz ?rr(l)r;hf)trl?f:ex“a?;ltreer.e;};z CZEIGTSSIOH received no NRW. BANK — the Land of North Rhine-Westphalia, P : Landschaftsverband Westfalen Lippe, and Landschaftsver- band Rheinland (the owners), constituted State aid. But the (55 On 24 November 2008 Germany submitted its comments Commission took the view that the aid was rescue aid (1) 0J C322,17.12.2008, p. 16. (3) 0J C 189, 26.7.2008, p. 3. on the initiation of the formal investigation procedure. () OJ C 244, 1.10.2004, p. 2. ) See footnote 1.