19. 7. 96 Official Journal of the European Communities No L 180/31 COMMISSION COMMISSION DECISION of 20 March 1996 on aid which Italy plans to grant to enterprises in a state of insolvency resulting from the obligation to repay State aid pursuant to Community decisions adopted under Articles 92 and 93 of the Treaty (Only the Italian text is authentic) (Text with EEA relevance) (96/434/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 93 (2) thereof, Having given notice in accordance with the first subpara- graph of Article 93 (2) of the Treaty to interested parties to submit their comments, Whereas: I By letter dated 20 December 1994 the Commission informed the Italian Government of its decision to initiate the Article 93 (2) procedure in respect of Law No 80/1993 laying down rules for the application of the extraordinary administrative procedure provided for in Law No 95/1979 to firms that are insolvent due to the obligation to repay State aid to the State or to public undertakings or companies, pursuant to decisions of the Community institutions adopted under Articles 92 and 93 of the Treaty. As part of the procedure, the Commission gave the Italian Government notice to submit its comments and informed other Member States and interested parties through publi- cation of a notice in the Official Journal of the Euro- pean Communities('). No comments were received from other Member States or interested parties. I The Italian Government replied by letter dated 9 February 1995. Further details were received by letters dated 23 June 1995 and 12 January 1996. () OJ No C 220, 25. 8. 1995, p. 2. 111 The measures in question provide for the application of the extraordinary administrative procedure under Law No 95/1979 to ‘those enterprises whose insolvency is caused by the obligation to repay to the State or to public under- takings or companies in which the public authorities have a majority holding of not less than 51 % of paid-up capital and not less than Lit 50 billion, in pursuance of the decisions of the Community institutions adopted under Articles 92 and 93 of the Treaty establishing the European Economic Community. The Italian authorities pointed out that the provisions had been applied to only one firm, Nuova Cartiera di Arbatax, which had been the subject of Commission Decision 92/296/EEC (3. On the basis of information sent by the Italian authorities by telex dated 3 June 1992, repayment of the aid that was incompatible with the common market was entered on the balance sheet of the firm concerned; there is no indication that recognition of the debt was followed by actual repayment of the sum. In the end the Italian authorities announced the setting-up of an administrative commission to review the criteria for the application of Law No 95/1979 and subsequent amend- ments and additions with a view to the possible abroga- tion of the relevant provisions of Law No 80/1993. v Law No 80/1993 provides for State aid within the meaning of Article 92 (1) of the Treaty and Article 61 (1) of the Agreement on the European Economic Area inas- much as it allows the beneficiary enterprises, at present limited to Nuova Cartiera di Arbatax but possibly exten- dible to other enterprises in future, to continue to enjoy () OJ No L 159, 12. 6. 1992, p. 46.