5.9.2008 Official Journal of the European Union L 238/27 COMMISSION DECISION of 2 April 2008 on State aid C 38/07 (ex NN 45/07) implemented by France for Arbel Fauvet Rail SA (notified under document number C(2008) 1089) (Only the French version is authentic) (Text with EEA relevance) (2008/716/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (3)  France submitted comments in communications dated 12 October and 18 and 19 December 2007. Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of 4 The Commission Decision to initiate the formal investi- Article 88(2) thereof, gation procedure was published in the Official Journal of the European Union (). The Commission called on interested parties to submit their comments. Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, rea, and in particular Article 62(1)(a) thereo (5 The Commission has received no comments from interested parties. Having called on interested parties to submit their comments pursuant to the provisions cited above (1), 5> AID DESCRIPTION 2.1. Beneficiary Whereas: (6)  AFR is a manufacturer of railway equipment specialising in goods wagons and tank containers. It is one of the leading manufacturers of railway rolling stock on the European market. The company is located in Douai 1. PROCEDURE (Nord) and currently employs around 265 people. (1) The Commission received a complaint informing it of certain support measures implemented by France for Arbel Fauvet Rail (hereinafter AFR). In communications (7)  In 2005 AFR was wholly owned by Arbel SA (}) and dated 28 January 2006, 25 October 2006, 30 January employed around 330 people. 2007 and 6 June 2007, France submitted additional information. (8)  AFR’s business has been running at a loss for several years. The company’s economic difficulties worsened (2) By letter dated 12 September 2007, the Commission from 2001 onwards. This trend gathered momentum informed France that it had decided to initiate the between 2002 and 2005. The following table shows formal investigation procedure laid down in some of AFR’s key performance indicators for the Article 88(2) of the Treaty in respect of the measure. period before the aid was granted. (in EUR) At 31.12.2004 At 31.12.2003 At 31.12.2002 At 31.12.2001 Turnover 22 700 000 42700 000 42000 000 70 000 000 Net result - 11589620 - 14270 634 - 2083746 - 10 500 000 Capital and reserves - 21090 000 - 23000 000 - 8700 000 - 6600 000 () See footnote 1. - (}) On 29 June 2007 AFR was taken over by IGF Industries. Its business () OJ C 249, 24.10.2007, p. 17. name changed to ‘IGF Industries — Arbel Fauvet Rail'.