1.7.2010 Official Journal of the European Union L 16721 COMMISSION DECISION of 27 January 2010 on the State aid C 27/08 (ex N 426/05) which Germany implemented for Sovello AG (formerly EverQ GmbH) (notified under document C(2010) 172) (Only the German text is authentic) (Text with EEA relevance) (2010/358/EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) of the latter, 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 (!), Whereas: 1. PROCEDURE (1) By letter dated 29 August 2005, registered as received on 1 September 2005, Germany notified the Commission of aid to be granted in the form of a SME bonus to EverQ GmbH  (hereinafter: Sovello (%)). By letters dated 28 October 2005, 24 January 2006 and 4 April 2006, registered as received on the same day, Germany provided the Commission with further information. (2) On 7 June 2006, the Commission approved, under reference C(2006) 2092 final, the SME bonus for Sovello (State aid case N 426/05 (3). (3)  During its examination of another notified aid measure for Sovello (State aid case C 21/08 (*) — ex N 864/06), the Commission uncovered evidence that the decision on () OJ C 253, 4.10.2008, p. 23. () On 24 November 2008, EverQ GmbH was transformed in an ‘Aktiengesellschaft’ called Sovello AG. To facilitate understanding of the decision, the current name ‘Sovello AG will be used, even for the period preceding the change of name. () OJ C 270, 7.11.2006, p. 2. (%) Commission Decision 2009/697/EC (O] L 237, 9.9.2009, p. 15). State aid case N 426/2005 may have been based on incomplete/incorrect information submitted during the notification procedure. 4) By letter dated 17 March 2008, the Commission gave Germany the opportunity to comment on the intention of the Commission to open the formal investigation procedure before possibly revoking its decision of 7 June 2006, in line with Article 9 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (°). Germany submitted its comments by letters dated 15 April 2008, registered as received on 15 and 16 April 2008 respectively. (5) By letter dated 17 June 2008, with reference C(2008) 2669 final, the Commission informed Germany that it had decided to initiate the procedure laid down in Article 108(2) TFEU in respect of the SME bonus granted to Sovello. (6)  The Commission decision to initiate the procedure was published in the Official Journal of the European Union (°). The Commission called on interested parties to submit their comments. (7)  Germany submitted its comments by letter dated 10 September 2008, registered as received on the same day. Germany submitted further comments by letters dated 20 March, 13 May, and 16 November 2009, registered as received on the same day respectively. Meetings between the Commission services and the German authorities took place on 2 April and 13 October 2009. (8)  The Commission did not receive any comments from third parties. () O] L 83, 27.3.1999, p. 1. (%) See footnote 1.