7.7.2009 Official Journal of the European Union L 1767 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 10 December 2008 on State aid C 52/06 (ex NN 73/06, ex N 340/06) partially implemented by Poland for Odlewnia Zeliwa ‘Srem’ S.A. (notified under document number C(2008) 7049) (Only the Polish text is authentic) (Text with EEA relevance) (2009/523/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, Whereas: I. PROCEDURE On 1 June 2006 the Polish authorities notified restruc- turing aid for Odlewnia Zeliwa ‘Srem’ (hereinafter Odlewnia Srem) mostly in the form of arrangements for public law liabilities to be paid in instalments. It was found that some of the aid measures had been granted after accession without the Commission’s approval. Hence they were deemed to be illegal aid. By letter of 6 December 2006, the Commission informed Poland that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the measures. The Commission’s decision to initiate the proceedings under Article 88(2) of the EC Treaty was published in the Official Journal of the European Union. The Commission invited interested parties to submit their comments on the proposed aid. On 31 January 2007 the Polish authorities submitted their comments on the opening of the investigation procedure. No comments were received from third parties. On 15 April 2008 the Commission sent a request for further information to the Polish authorities. On 30 April 2008 the Polish authorities replied, informing the Commission of the withdrawal of the planned measures. However, the Commission could not accept this as a withdrawal under Article 8 of Council Regulation (EC) No 659/99 ('), as the debt payment deferrals already implemented had in fact had an effect on the beneficiary, giving it a clear advantage over other companies that paid their public law liabilities on time. () O] L 83, 27.3.1999, p. 1.