7. 10. 95 Official Journal of the European Communities No L 239/19 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 19 July 1995 on a procedure relating to the application of Council Regulation (EEC) No 2407/92 (Swissair/Sabena) (Only the Dutch and French texts are authentic) (Text with EEA relevance) (95/404/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers ('), and in particular Article 4 (5) thereof, Having regard to the request of the Belgian Government, Whereas : BACKGROUND 1 On 4 May 1995, the Belgian State and Swissair Société Anonyme Suisse pour la Navigation Aérienne (Swissair) entered into an agreement under which the latter was to acquire 49,5 % of the share capital of the Belgian air carrier Sabena SA (Sabena). The agreement sets out in detail the terms and conditions of that acquisition as well as the rights and obligations of the parties in the governance of Sabena. By letter of 12 May 1995, registered with the Commission on 18 May, the Belgian Government requested the () OJ No L 240, 24. 8. 1992, p. 1. Commission under Article 4 (5) of Regulation (EEC) No 2407/92 to examine whether Sabena complies with the requirements of that Article, in particular as regards the ownership and control of Sabena and to take a decision on that question. The letter was accompanied by a tech- nical note and copies of the agreement with Swissair and its exhibits, including drafts of Sabena’s new articles of incorporation and of a cooperation agreement to be concluded between the two carriers. By a supplementary letter of 15 June 1995, registered with the Commission on 16 June, the Belgian Govern- ment informed the Commission that the parties had concluded an addendum dated 12 June 1995 amending the agreement of 4 May and the draft cooperation agree- ment on a number of points. The following outline of the entire transaction between the Belgian State, Swissair and Sabena is based on the information contained in the two letters of 12 May and 15 June 1995 as well as their enclosures. II Sabena is a public limited company (Société anonyme) set up under the laws of Belgium and having its registered office in Brussels. It is fully subject to the general company law rules prevailing in Belgium. Its new articles of incorporation define the object of the company as the provision of domestic and international air services as well as any other activities ancillary to air transport.