20.6.2009 Official Journal of the European Union L 15911 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 28 January 2009 on aid implemented by Luxembourg in the form of the creation of a compensation fund for the organisation of the electricity market (C 43/02 (ex NN 75/01)) (notified under document number C(2009) 230) (Only the French version is authentic) (Text with EEA relevance) (2009/476/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: 1. PROCEDURE By letter dated 2 July 2001, registered as received on 16 July 2001 under number N 475/01, Luxembourg notified the Commission under Article 88(3) of the Treaty of the creation of a compensation fund for the organisation of the electricity market. The notified measure had, however, been de facto implemented on 1 January 2001. The Commission accordingly took the view that the measure could not be considered planned aid within the meaning of Article 88(3) of the Treaty and on 30 July 2001 entered it in the register of non-notified aid under number NN 75/01. () OJ C 255, 23.10.2002, p. 15. ) Following an exchange of correspondence with the Luxembourg authorities, the Commission notified Luxembourg by letter dated 5 June 2002 of its decision to open the procedure laid down in Article 88(2) of the Treaty in respect of the measure. It also invited Luxembourg to submit its comments and provide any information that might be helpful in assessing the measure within one month from the date of receipt of the letter. The Commission’s decision to open the procedure was published in the Official Journal of the European Union (3). The Commission called on interested parties to submit their comments on the measure. By letter dated 22 July 2002, registered as received on 26 July 2002, Luxembourg requested an extension of the time limit for sending its comments. The Commission granted the request by letter dated 30 July 2002, fixing the time limit at 5 September 2002. The Netherlands sent the Commission its comments on the measure by fax dated 4 December 2002, registered as received on the same day. By letter dated 18 February 2003, the Commission forwarded the Netherlands’ letter to Luxembourg, together with a request that the latter submit its comments within one month. After having sent a reminder on 16 May 2003, the Commission received from Luxembourg by fax dated 28 May 2003, registered as received on the same day, a request for an extension of the time limit for replying. (?) See footnote 1.