28.12.2006 Official Journal of the European Union L 38321 COMMISSION DECISION of 7 December 2005 on the State Aid implemented by Belgium for ABX Logistics (No C 53/2003 (ex NN 62/2003)) (notified under document number C(2005) 4447) (Only the French and Dutch texts are authentic) (Text with EEA relevance) (2006/947 [EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, 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 (!) and having regard to their comments, Whereas: 1. PROCEDURE (1) By letter dated 28 November 2002, registered in the Commission on 29 November 2002 (No DG Tren/A 71122), the Belgian authorities notified a scheme of rescue aid for ABX Logistics (F, D and NL subsidiaries, and group). The aid (case N 769/2002) was approved by Commission Decision on 21 January 2003. (2) By letter dated 17 February 2003, Belgium notified a restructuring plan for ABX Logistics, which was registered by the Commission on 17 February 2003 (No Tren Af 13396). Through the notification and other pieces of information at its disposal, the Commission was informed that Belgium had implemented certain amounts from public funds for ABX Logistics in addition to the notified restructuring plan. By letters dated 7 May 2003, Belgium provided the Commission with further information. (3) By letter dated 24 July 2003 (SG(2003) D/231003), the Commission informed Belgium of its decision to initiate the procedure (case No C 53/03) laid down in Article 88(2) of the Treaty in respect of these measures. (4)  After it had been agreed that confidential data should be removed, the Commission Decision to initiate the proced- ure was published in the Official Journal of the European Union (*). The Commission invited interested parties to submit their comments on the measures in question. (5) By letter dated 29 August 2003 (Loyola de Palacio incoming mail No 2805), the Belgian authorities submitted their comments on the initiation of the procedure. () OJ C9,14.1.2004, p. 12. () See footnote 1. (6) The Commission received comments on this subject from interested third parties. It transmitted them to Belgium by letter dated 18 February 2004 (No D (2004) 2823), giving it the opportunity to comment, and received its comments by letter dated 18 March 2004 (No A[15992). (7) In the meantime the Belgian authorities provided further information by letters dated 12 December 2003 (No A/ 37839), 19 December 2003 (No A/38582) and 12 Novem- ber 2004 (No A/35928) and updated the ABX restructuring plan by letters dated 14 January 2005 (No A/[2010), 24 February 2005 (No A[4889) and 14 March 2005 (No A/ 6690). Further information was received by letters dated 18 August 2005, 31 August 2005, 2 September 2005 and 26 September 2005. (8) By letter dated 4 May 2005 the Commission informed Belgium of its decision to extend proceeding No C 53/03 to cover the new information notified. After the Belgian authorities had agreed that confidential data should be removed, the Commission decision to initiate the procedure was published in the Official Journal of the European Union (*). The Commission invited interested third parties to submit their comments on the measures in question. (9) The Commission received comments on this subject from the Belgian authorities and interested third parties. It transmitted the third parties’ comments to Belgium by letter dated 18 July 2005, giving it the opportunity to comment, and received its comments by letter dated 18 August 2005. This correspondence was followed by notification letters dated 2 September 2005 and 29 September 2005. (10) By letter dated 3 August 2005, after the time limit allowed for submitting comments on the extension of the above procedure, the Italian authorities sent the Commission a letter of complaint concerning the sale of ABX Logistics Worldwide. By letter dated 19 August 2005 the Commis- sion asked the Belgian authorities to send it their opinion on the facts given in the letter from the Italian authorities. The Belgian authorities replied by letter dated 15 September 2005. () O] C 142, 11. 6.2005, p. 2.