16.3.2002 Official Journal of the European Communities L 75/49 COMMISSION COMMISSION DECISION of 19 September 2001 on the State aid granted by Italy to Enichem SpA (notified under document number C(2001) 2902) (Only the Italian text is authentic) (Text with EEA relevance) (2002/224[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 16 March 1994, the Commission decided to open the Article 93(2) (now Article 88(2)) procedure (3 in respect of two capital contributions made by ENI SpA (hereinafter ‘ENT) to its subsidiary Enichem SpA (herein- after ‘Enichem’) in October 1992 and December 1993 of ITL 1000 billion and ITL 794 billion respectively (hereinafter ‘the first two injections’). By letter of 16 March 1994, the Commission informed the Italian Government of this and requested it to submit its obser- vations and to furnish all such information as might help to assess the capital contributions in question. By letter of 18 May 1994, the Italian Government submitted its observations and at the same time notified a restructuring plan to be implemented by Enichem over the period 1994 to 1997. In the context of this plan, the 245, 28.8.1999, p. 15. 0] C 0] C 151, 2.6.1994, p. 3. Italian authorities informed the Commission of a new capital contribution to be made by ENI to Enichem of ITL 3000 billion. The capital contribution was approved by Enichem's shareholders on 29 June 1994 and was to be paid within three months of the Commis- sion decision (hereinafter ‘the third injection’) In further submissions and meetings, representatives of the Italian authorities and Enichem provided the Commission with further details of the 1994 to 1997 restructuring plan, as well as a description of the restruc- turing actions undertaken by Enichem during the period 1991 to 1993. On 27 July 1994 the Commission adopted a final decision (hereinafter ‘decision of 27 July 1994) closing the procedure initiated on 16 March 1994. The decision declared the first two injections to be State aid compat- ible with the common market and, at the same time, concluded the examination of the third injection by finding that it did not constitute State aid. The Commission decision to close the procedure was published in the Official Journal of the European Communi- ties (3). By application lodged in January 1995, BP Chemicals Ltd (hereinafter ‘BP’) brought proceedings before the Court of First Instance of the European Communities (hereinafter ‘CFI) for annulment of the Commission decision of 27 July 1994. () O] C 330, 26.11.1994, p. 7.