L 23932 Official Journal of the European Union 6.9.2008 COMMISSION DECISION of 30 April 2008 on State aid C 56/06 (ex NN 77/06) implemented by Austria for the privatisation of Bank Burgenland (notified under document number C(2008) 1625) (Only the German version is authentic) (Text with EEA relevance) (2008/719/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 (1) and having regard to their comments, Whereas: I. PROCEDURE On 4 April 2006, the Commission received a complaint from a Ukrainian/Austrian investors’ consortium (here- inafter called ‘the Consortium’) () claiming that Austria had infringed the State aid rules in the privatisation process of Hypo Bank Burgenland AG (hereinafter called ‘BB’). In particular, the tender procedure, which allegedly had been unfair, untransparent and discrimi- natory towards the complainant, had resulted in the sale of BB, not to the highest bidder (the complainant), but to the Austrian insurance company Grazer Wechsel- seitige Versicherung AG together with GW Beteiligung- serwerbs- und —verwaltungs-G.m.b.H. (hereinafter called ‘GRAWE). A first request for information was sent to Austria on 12 April 2006. On 25 April 2006 Austria requested an extension of the time limit, which was partially granted by letter dated 28 April 2006. Austria answered by letters dated 15 May 2006 and 1 June 2006. A meeting was held with the Austrian authorities on 27 June 2006. A second request for information was sent on 17 July 2006 and the complete reply received on 18 September 2006. () O] C 28, 8.2.2007, p. 8. (%) For a detailed description see below. 3) In the meantime, by e-mail and letters dated 21 April 2006 and 2 June 2006, the Commission received further information from the Consortium. By letter dated 21 December 2006, the Commission informed Austria that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the measure. The Commission Decision to initiate the formal investi- gation procedure (hereinafter also called ‘the opening decision’) was published in the Official Journal of the European Union (}). The Commission invited interested parties to submit their comments on the measure. The Commission received comments from interested parties. A Hungarian party submitted information both within, and also — without giving particular reasons — outside the deadline set by the decision. The comments received within the deadline were sent on 22, 26 and 27 February 2007 and on 9 March 2007. Further infor- mation from that interested party was received after expiry of the deadline on 19 and 28 March 2007. The successful bidder GRAWE — the potential aid bene- ficiary — also provided comments. These comments were sent on 9 March 2007, together with a request for an extension of time, which was granted. GRAWE submitted further comments by letter dated 19 April 2007; the complete file including annexes arrived at the Commission on 26 April 2007. After a meeting with the Commission on 8 January 2008, GRAWE submitted more comments on 5 February 2008. Austria submitted its own comments after the opening of the formal investigation procedure on 1 March 2007, after a time extension had been granted. () See footnote 1.