L 94/42 Official Journal of the European Union 1.4.2006 COMMISSION DECISION of 16 March 2005 on aid scheme C 8/2004 (ex NN 164/2003) implemented by Italy in favour of newly listed companies (notified under document number C(2005) 591) (Only the Italian text is authentic) (Text with EEA relevance) (2006/261EC) 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 called on interested parties to submit their comments pursuant to the provisions cited above (1), Whereas: I. PROCEDURE Italy enacted Decree-Law No 269 of 30 September 2003 laying down urgent measures to promote development and correct the trend in public finances (DL 269/2003’), which entered into force on the date of publication in Official Gazette of the Italian Republic No 229 of 2 October 2003. Articles 1(1)(d) and 11 of DL 269/2003 provide for specific tax incentives for companies admitted to listing on a regulated market in the European Union between 2 October 2003 and 31 December 2004. The above provisions were subsequently converted, without amendments, into Law No 326 of 24 November 2003 (L 326/2003’), published in Official Gazette of the Italian Republic No 274 of 25 November 2003. By letter dated 22 October 2003 (D[56756), the Commission invited the Italian authorities to provide information about the incentives in question and their entry into force, with a view to establishing whether they constituted aid within the meaning of Article 87 of the Treaty. By the same letter, the Commission reminded () OJ C 221, 3.9.2004, p. 7. Italy of its obligation under Article 88(3) of the Treaty to notify the Commission of any measures constituting aid before their implementation. By letters of 11 November 2003 (A[37737) and 26 November 2003 (A/38138), the Italian authorities provided the information requested. By letter dated 19 December 2003 (D/58192), the Commission again reminded Italy of its obligations under Article 88(3) of the Treaty and invited the Italian authorities to inform the possible beneficiaries of the tax incentives in question of the consequences envisaged by the Treaty and by Article 14 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the appli- cation of Article 93 of the EC Treaty (?) in the event that the incentives in question were found to constitute unlawful aid implemented without prior authorisation by the Commission. By letter of 18 February 2004 (SG 2004 D/200644), the Commission informed Italy that it had decided to initiate the procedure laid down in Article 88(2) of the Treaty in respect of Italy’s tax incentives for newly listed companies. By letter of 22 April 2004 (A/32918), the Italian autho- rities submitted their comments. The Commission decision to initiate the formal investi- gation procedure was published on 3 September 2004 in the Official Journal of the European Communities, with an invitation to interested parties to submit their obser- vations (3). On 16 and 27 September 2004 two ad hoc meetings took place between representatives of the Commission and the Italian tax authorities to examine certain aspects of the scheme. (®» OJ L 83, 27.3.1999, p. 1. Regulation amended by the 2003 Act of Accession. () See footnote 1.