16.9.2008 Official Journal of the European Union L 247)27 COMMISSION COMMISSION DECISION of 11 December 2007 on the State aid case C 53/06 (ex N 262/05, ex CP 127/04), investment by the city of Amsterdam in a fibre-to-the-home (FttH) network (notified under document number C(2007) 6072) (Only the Dutch version is authentic) (Text with EEA relevance) (2008/729/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, the EC Treaty. The Dutch authorities asked for an extension of the deadline in August 2004 which was accepted by the Commission on 7 September 2004. In September 2004, the Dutch authorities convened with the Commission to present and discuss the plans of the municipality of Amsterdam. On 7 October 2004, the authorities stated in their reply to the Commission’s letter of 23 July 2004 that the project in Amsterdam would be notified in the near future. On 17 May 2005, the Dutch authorities notified the project — the participation of the municipality of Amsterdam in an undertaking carrying out the roll-out and owning this network. The Dutch authorities were seeking confir- mation from the Commission that the investment of the municipality of Amsterdam in the legal entity owning the network is in line with the Market Economy Investor Principle (MEIP’) and accordingly does not constitute State aid. Whereas: (3)  Following further information sent by the authorities on I PROCEDURE 23 June 2005, and a meeting which took place on (1)  In April 2004, the municipality of Amsterdam contacted 28 June 2005 between representafives of the city of the Commission regarding the public procurement aspects of the roll-out of a FttH (fibre-to-the-home) tele- communications access network. In addition, the munici- pality requested the Commission to confirm that the project did not entail State aid within the meaning of Article 87(1) of the EC Treaty. By letter of 22 July 2004, the Commission informed the municipality of Amsterdam that such a confirmation can only be given after a notification of the measure by the Dutch auth- orities. The Commission requested the Dutch authorities on 23 July 2004 to provide any information necessary for an assessment of the measure under Article 87(1) of (") O] C 134, 16.6.2007, p. 9: State aid C 53/06 (ex N 262/05) — Amsterdam and the Commission, the Commission sent on 15 July 2005 a letter containing elements of an explanation of the application of the MEIP together with a second request for information. The Dutch authorities stated in a letter, registered on 18 November 2005, that there was a delay in the planning and that the municipality of Amsterdam was still working on the setup of the project and the investment conditions. The Dutch authorities declared that they would need more time in order to provide the requested information and asked the Commission to suspend the assessment until all data would be available. Citynet Amsterdam — investment by the city of Amsterdam in a fibre-to- the-home (FttH) network — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty.