20. 1. 96 Official Journal of the European Communities No L 15/37 COMMISSION DECISION of 4 October 1995 concerning aid granted by the Netherlands to the truck producer DAF (Only the Dutch text is authentic) (Text with EEA relevance) (96/76/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93 (2) thereof, Having regard to the Agreement establishing the Euro- pean Economic Area, and in particular point (a) of Article 62 (1) thereof, Having given the parties concerned the opportunity to submit their comments, in accordance with the above- mentioned Articles (), Whereas : By letter dated 16 November 1993, the Commission informed the Dutch government of its decision to initiate the procedure provided for in Article 93 (2) of the EC Treaty in respect of the public intervention of the Dutch government in the new DAF company (DAF Trucks NV) as well as of any possible aid elements contained in the dissolution of the former DAF company (DAF NV) and requested it to submit its comments within one month from the date of that letter. In opening the procedure, the Commission expresed its serious doubts as to the compatibility of the aid for the following reasons : — the public intervention concerned a company in diffi- culties, operating in a sector which suffers from surplus capacity, — the rescheduling since 1990 of the first TOK (Tech- nische Ontwikkelingskrediet) loan resulted in a not yet quantified important saving to the company, — the justification for and the moment of granting the latest TOK loan, — the granting of part of the notified research subsidy prior to approval by the Commission, () OJ No C 31, 2. 2. 1994, p. 9. — the postponement by the NIB of the first repayment on a loan of Fl 30 million, — the granting of bridging loan, — the public participation in the new DAF company, including an equity participation and a risk-bearing loan, could possibly not be in conformity with stan- dard company practice in a market economy, — the sale of the assets of the old company to the new company and the role of the public authorities may ~ imply that a financial advantage, in the form of a lower purchase price of those assets, has been conferred on the new company. Since the guidelines on State aid to the motor vehicle industry apply, the Commission added that aid could be subjected to appropriate strict conditions. Such conditions could only be imposed by a final decision folowing this procedure. 11 Following the opening of procedure, the Dutch govern- ment submitted its comments by letter dated 2 February 1994. By letter dated 14 September 1994, the Commis- sion received supplementary information from the Netherlands in response to the Commission’s detailed questionnaire of 14 June 1994. In order to prepare the visit to the DAF plants in Eind- hoven and Westerlo, the Commission requested addi- tional information in its letter of 14 November 1994, addressed to both the Belgian and the Dutch govern- ments. By letter dated 23 January 1995 the Dutch govern- ment replied to those questions. The company visit took place on 30 January 1995, followed by a final meeting between the Commission, the authorities of both Member States and DAFs management in Eindhoven on 1 February 1995. By fax dated 8 February 1995, the Commission raised some final questions to which the Dutch and Belgian authorities replied at their meeting with Commission staff on 14 February 1995.