No L 25/26 Official Journal of the European Communities 28. 1. 97 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 30 July 1996 concerning aid granted by the Austrian Government to Head Tyrolia Mares in the form of capital injections (Only the German text is authentic) (Text with EEA relevance) (97/81/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93 (2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62 (1) (a) thereof, Having given notice to the parties concerned, in accordance with the aforementioned Articles, to submit their comments, and having regard to those comments, Whereas: 1. Case history On 26 June 1995 the Commission received a letter from a French producer of articles for winter sports (skis, ski- boots and ski-bindings), containing a request for the Commission to investigate alleged State aid granted to the Austrian company Head Tyrolia Mares (HTM) by its shareholder, the public holding company Austria Tabak- werke (AT). Since April 1995 the press has been reporting on rescue packages granted by AT to HTM, to offset the high losses incurred over the previous three years. In particular, two decisions of AT to inject new capital into HTM were reported in April and August 1995, the second decision to be actually implemented by means of several injections over the years 1995 to 1997. In September the press further reported that an agreement had been reached between AT and an international group of investors to privatize HTM. On 8 August 1995 the Austrian authorities sent a letter to the Commission informing it of AT’s intention to inject OS 1500 million (ECU 111 million () into HTM, claiming this to be a mere commercial investment and re- futing the unfavourable reactions of the media. The Commission sent a letter to the Austrian Govern- ment on 1 September 1995 in which it requested detailed information on the alleged aid measures, on HTM’s commercial and financial situation, on all restructuring measures undertaken or planned and on the company’s future plans and forecasts. The Austrian Government replied by letter dated 21 September 1995. A first meeting with Austrian representatives was held on 27 September 1995. Two further complaints were received by the Commission from Austrian competitors of HTM on 6 and 16 October 1995. Both asked the Commission to investigate the financial support granted to HTM by its public share- holder AT. Also, a person interested in acquiring HTM submitted his observations on the matter to the Commis- sion by four communications dated 4, 10 and 18 October and 8 November 1995 and at a meeting held on 23 (') The exchange rates for the ecu applied in this Decision are: ecu 1= OS 1346 = US$ 1,25 = DM 1,91.