L 235/10 Official Journal of the European Union 2.9.2008 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 11 March 2008 amending the Commission Decision of 10 May 2007 on the measures C 1/06 (ex NN 103/05) implemented by Spain for Chupa Chups (notified under document number C(2008) 868) (Only the Spanish text is authentic) (Text with EEA relevance) (2008/696EC) 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 regard to the Community Guidelines on State aid for rescuing and restructuring firms in difficulties (1), Whereas: ) The Commission adopted a decision on 10 May 2007 on the measures C 1/06 (ex NN 103/05) implemented by Spain for Chupa Chups (3). Following an appeal lodged by Chupa Chups S.A. (Chupa Chups) before the Court of First Instance of the European () OJ C 288, 9.10.1999, p. 2. () O] L 244, 19.9.2007, p. 20. Notified on 11 May 2007 under number C(2007) 1710. Communities against the decision in question, the Commission concluded that it had committed an error of assessment as regards one part of measure 4 (EUR 800 000 granted in 2003 under a regional aid scheme). In point 43 of the contested decision, the Commission noted that it had been made clear that the regional aid scheme could not apply to companies in difficulties. Given the heavy losses incurred by Chupa Chups in 2002 (EUR 22078 000, corresponding to 86,5 % of the subscribed capital at the end of the financial year) and the 2003 results, the Commission considered that Chupa Chups had to be regarded as a company in diffi- culties at the time the aid was granted. The Commission concluded that this part of the aid was thus incompatible with the common market and could therefore not be implemented. Concerning the EUR 800 000 of regional aid granted in 2003 under the ‘Minerfa 2’ programme, the Commission notes that this aid forms part of an approved aid scheme (%). Furthermore, contrary to its first assessment at the initiation of the formal investigation procedure, the Commission considers that Chupa Chups was eligible for this aid since, at the time the aid was granted, the company was not in difficulties (*). In particular: (}) Order of 17 December 2001 laying down the regulatory bases for granting aid for business projects that generate employment and promote alternative development of mining areas. The ‘Mineria 2" programme was approved by the Commission on 27 November 2001 (letter C(2001) 3628). (*) Within the meaning of the 1999 Community Guidelines on State aid for rescuing and restructuring firms in difficulty.