27. 2. 85 Official Journal of the European Communities No L 59/21 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 24 October 1984 concerning aid which the Belgian Government granted in 1983 to a ceramic sanitary ware and crockery manufacturer - (Only the Dutch and French texts are authentic) (85/153/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof, After giving notice to the parties concerned to submit their comments in accordance with the above provi- sion, and having regard to those comments, Whereas : The Belgian Government decided to assist a ceramics manufacturer at La Louviére through a subscription of Bfrs 83 million of new capital by the regional invest- ment agency, the Wallonia Regional Investment Corporation (SRIW). On 16 February 1983 the Commission had. taken a decision finding that a subscription of Bfrs 475 million of new capital in the same company in 1981 was incompatible with the common market and had to be recovered. After learning of the Belgian Government’s intention to come to the firm’s assistance again, the Commission raised the matter with the Belgian Government in telexes and letters sent on 31 January, 24 February, 7 June, 20 and 22 July, 1 September and 25 October 1983, stressing that such measures had to be notified at the proposal stage under Article 93 (3) of the Treaty. The Commission also on a number of occasions reminded the Belgian Government that it could be ordered to recover aid it had granted without giving the Commission an opportunity to determine whether it was compatible with the common market. When a notice was published in the Moniteur Belge of 25 August 1983 announcing that the Belgian authorities had subscribed Bfrs 83 million of new capital in the company, the Commission contacted not only the Belgian Government but also the SRIW and the company itself to make it clear that any aid granted without observing the notification procedure and without allowing the Commission to determine beforehand whether it was compatible with the common market could be subject to a recovery order. The Belgian Government replied to the Commission’s reminders by telexes sent on 18 February and 29 July 1983 stating that a decision to subscribe Bfrs 125 million towards further capital increases had been taken in 1981 and was therefore not new. On 1 December 1983 the Belgian Government telexed the " Commission to say that further information on the new capital injection would be sent by the middle of December, but the Commission never received this information or any formal notification under Article 93 (3).