9.3.2010 Official Journal of the European Union L 591 (Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty) COMMISSION DECISION of 28 August 2009 on State aid C 6/09 (ex N 663/08) — Austria Austrian Airlines — Restructuring Plan (notified under document C(2009) 6686) (Only the German text is authentic) (Text with EEA relevance) (2010/137/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 above Articles ('), and having regard to those comments, Whereas: 1. PROCEEDINGS By letter of 11 February 2009, the Commission informed the Republic of Austria of its decision to initiate proceedings under Article 88(2) of the EC Treaty with regard to the sale of the Austrian State’s shares in the Austrian Airlines Group. On 11 March 2009, Austria transmitted its comments on the opening of the proceedings to the Commission. The Commission’s decision to initiate proceedings was published in the Official Journal of the European Union (?). The Commission invited interested parties to submit their comments on the measures in question within one month of the date of publication. The Commission received comments from interested parties. It transmitted the comments to Austria by elec- tronic mail on 15 April 2009. Austria was given the () OJ C 57, 11.3.2009, p. 8. () See footnote 1. opportunity to respond to those comments. The Commission received Austria’s observations by electronic mail on 8 May 2009. At Austria’s request, meetings took place on 7 May 2009 and 18 May 2009. Those meetings were followed by the dispatch of additional information, as requested by the Commission, on 22 May 2009 and 18 June 2009. 2. DESCRIPTION OF THE FACTS 2.1. Background to the investigation The Austrian Airlines Group (hereinafter Austrian Airlines) is made up of three companies: Austrian Airlines Osterreichische Luftverkehrs AG, a network carrier airline founded in 1957; Tiroler Luftfahrt GesmbH (Tyrolean Airways — hereinafter ‘Tyrolean’), a regional subsidiary established in 1978; and Lauda Air Luftfahrt GmbH (hereinafter Lauda Air), a charter division founded in 1979. Austrian Airlines is headquartered in Vienna and operates from hubs in Vienna International Airport and Innsbruck Airport. Austrian Airlines is a member of the Star Alliance. The Austrian State holds 41,56 % of Austrian Airlines shares through a State holding company, Osterreichische Industrieholding AG (hereinafter OIAG). OIAG is the largest shareholder. Given the difficult — and deteriorating — financial situation in which the Austrian Airlines Group has found itself over the last few years (see Commission Decision of 19 January 2009 on State aid NN 72/08, Austrian  Airlines — Rescue aid (})), the Austrian Government issued a privatisation mandate on 12 August 2008, authorising OIAG to dispose of all of its shares in Austrian Airlines. On 29 October 2008, this mandate was extended until 31 December 2008. (}) Not yet published in the Official Journal.