L 112/38 Official Journal of the European Union 5.5.2010 (Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty) COMMISSION DECISION of 28 October 2009 on the State aid C 14/08 (ex NN 1/08) implemented by the United Kingdom for Northern Rock (notified under document C(2009) 8102) (Only the English text is authentic) (Text with EEA relevance) (2010/262/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: 1. PROCEDURE By decision of 5 December 2007 () (hereinafter ‘the decision of 5 December 2007’) the Commission found the liquidity facility implemented by the Bank of England (hereinafter ‘BoE) on 14 September 2007 in favour of Northern Rock (hereinafter ‘NR’) not to constitute State aid. The Commission furthermore decided that the guar- antees on retail deposits granted by the UK authorities between 17 and 20 September and 9 October 2007 contained State aid which was compatible with the common market as rescue aid for six months, until 17 March 2008, in conformity with the Community guidelines on State aid for rescuing and restructuring firms in difficulty (*) (hereinafter ‘the R&R Guidelines). The Commission in its decision also insisted on the submission of a restructuring plan within six months or the repayment of the aid. 135, 3.6.2008, p. 21. 149, 1.7.2009, p. 16. () o C () O] C () O] C 43, 16.2.2008, p. 1. () o] C 244, 1.10.2004, p. 2. ) By letter of 21 December 2007, the UK authorities informed the Commission of the extension of those guarantee arrangements. On 8 January, 24 January, 6 February, 13 February and 10 March 2008 meetings were held between representatives of the United Kingdom and the Commission. On 17 February 2008 the UK authorities announced that NR was to be nationalised. By letter of 17 March 2008, the United Kingdom sent the Commission a restructuring plan for NR and informed it of State aid measures which would accompany that plan and enable it to be imple- mented. By letter of 31 March 2008, the United Kingdom sent a more detailed and slightly amended restructuring plan. By letter dated 2 April 2008, the Commission informed the United Kingdom that it had decided to initiate the procedure laid down in Article 88(2) of the Treaty in respect of the aid measures (hereinafter ‘the opening decision’). The opening decision was published in the Official Journal of the European Union (°). The Commission invited interested parties to submit their comments on the aid. By letter of 2 May 2008, the United Kingdom responded to the opening decision. The Commission also received comments from interested parties. By letter of 15 July 2008, received on 31 July 2008, it forwarded those comments to the United Kingdom, which was given the opportunity to react; its comments were received by letter of 29 August 2008. (°) See footnote 1.