L 29/16 Official Journal of the European Union 2.2.2008 COMMISSION DECISION of 10 July 2007 on State aid C 19/06 (ex NN 29/06) implemented by Slovenia for Javor Pivka Lesna Industrija d.d. (notified under document number C(2007) 3227) (Only the Slovenian version is authentic) (Text with EEA relevance) (2008/91/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), Having called on interested parties to submit their comments pursuant to the provisions cited above (1), Whereas: I. PROCEDURE On 1 December 2004, the Commission received a complaint alleging aid to the Slovenian wood manu- facturer Javor Pivka Lesna Industrija d.d. (hereinafter Javor Pivka’). The complaint concerned financial measures allocated to Javor Pivka on 27 May 2004 by a resolution of the Slovenian Government pursuant to Article 21 of the Slovenian Act Governing Rescue and Restructuring Aid for Companies in Difficulty. It further emerged that this measure was not notified to the Commission on the grounds that it had been approved by the Slovenian state aid inter-ministerial expert Commission on 23 April 2004, ie. prior to accession. However, given that the relevant criterion for deciding when an aid is granted is the legally binding act by which the competent national authority undertakes to grant state aid, the Commission considered the measure to constitute new aid, which should thus have been notified on the basis of Article 88 EC and assessed under Article 87 EC (3). (1) OJ C 194, 18.8.2006, p. 26. (%) Details of the procedure were described in the decision to open the procedure (see footnote 1) and remain relevant for the purpose of the present decision. 3) By letter dated 16 May 2006 the Commission informed Slovenia that it had decided to initiate the procedure laid down in Article 88(2) EC in respect of the aid. The Commission decision to initiate the procedure was published in the Official Journal of the European Union (3). The Commission invited interested parties to submit their comments on the aid. The Commission received no comments from interested parties. Slovenia submitted observations by letter dated 17 July 2006. The Commission requested additional information by letter of 23 February 2007 (ref. D/50797), to which Slovenia replied by letter dated 23 April 2007. In addition, a meeting was held between Commission services and the Slovenian authorities on 28 June 2006. II. DETAILED DESCRIPTION OF THE AID 1. The beneficiary Javor Pivka manufactures semi-finished wood products and furniture. It is located in the Pivka area in Slovenia, an assisted area pursuant to Article 87(3)(a) EC. In 2003 it had about 800 employees. It has four wholly-owned subsidiaries. The ownership of the company is spread over some 1264 sharcholders of which 9 investment companies or other legal persons hold 60 % and the remaining 40 % are split between 1255 shareholders, none of which holds more than 1 % (%). () Cf. footnote 1. (*) Figures as at 30 January 2004.