28.12.2006 Official Journal of the European Union L 383/67 COMMISSION DECISION of 26 September 2006 on aid measure No C 49/2005 (ex N 233/2005) for Chemobudowa Krakéw S.A. (notified under document number C(2006) 4214) (Only the Polish version is authentic) (Text with EEA relevance) (2006/950/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, and in particular 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 those provisions and having regard to their comments, Whereas: L. PROCEDURE (1)  The planned aid to Chemobudowa Krakéw S.A. (‘Chemo- budowa Krakéw’ or ‘the recipient’), a State-owned building company, was notified to the Commission by letter dated 29 April 2005, registered on 2 May 2005. On 20 June 2005, the Commission asked Poland to submit certain missing documents. These were provided by letter dated 9 August 2005 registered on 11 August 2005. The Commission requested further information by letter dated 15 September 2005, to which Poland replied by letter dated 26 October and registered on 27 October 2005. On 21 December 2005, the Commission decided to initiate the Article 88(2) procedure in respect of two notified measures and two non-notified measures granted after Poland’s accession to the EU because of doubts as to their compatibility with the common market. The Commission decision to initiate the procedure was published in the Official Journal of the European Communities on 28 June 2006 (%). The Commission called on interested parties to submit their comments on the aid measures. No comments were submitted. By letter dated 25 January 2006, registered on the following day, Poland informed the Commission that it had with- drawn the notification. By letter dated 7 February 2005 the Commission called on Poland to comment on the two state aid measures granted after accession without prior () 0] C 150, 28.6.2006, p. 51. () See footnote 1. notification to the Commission. By letter of 7 March 2006, registered on 9 March 2006, Poland submitted its comments on these two measures and asked for the rectification of some incorrect data in the decision to initiate the Article 88(2) procedure. By letter dated 12 September 2006, registered on the following day, the Polish authorities provided further clarifications on the two aforementioned aid measures. 1L DETAILED DESCRIPTION 1. The aid recipient ChK is a large company created in 1949, which in 2004 employed 919 workers, 343 of whom in branches of the company located abroad (in the Czech Republic and Germany). ChK is the parent company of Towarzystwo Budownictwa Spofecznego Krak-System S.A. (‘TBS), in which it owns 78 % of shares. Its activity consists in building apartment blocks and renting them out. According to the Polish authorities its turnover is insignificant. The recipient has a market share of 0,13 % of the Polish building market. It has branches in Germany and the Czech Republic and 42 % of its turnover comes from those two branches. 2. The aid measures The Polish authorities have given notice that they intend to grant two measures for the restructuring of Chemobudowa Krakow. First, the recipient was supposed to receive a loan of about PLN 10 million (EUR 2,57 million). The loan was to be secured by a mortgage on real estate evaluated at PLN 17,35 million (about EUR 4,46 million). Second, Chemo- budowa Krakéw was to benefit from deferral of payments to the ‘State Fund for Rehabilitation of Disabled Persons’ (PFRON) and these payments were to be made in instalments. The deferred amount was to be equal to PLN 693 000 (about EUR 178 000).