No L 219/34 Official Journal of the European Communities 15. 9. 95 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 4 April 1995 amending the Decision of 27 July 1994 concerning the subscription by CDC-Participations to bonds issued by Air France (93/C 334/04) (Only the French text is authentic) (Text with EEA relevance) (95/367/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 93 (2) thereof, Having regard to the Agreement establishing the Euro- pean Economic Area, and in particular Article 62 (1) (a) thereof and Protocol 27 thereto, Whereas : On 27 July 1994, the Commission decided that the subscription by CDC-P, a subsidiary of the French public entity Caisse des Dépdts et des Consignations, to bonds issued by Air France constituted illegal aid incompatible with the common market and the EEA Agreement. The bonds at issue were bonds redeemable in shares (Obliga- tions remboursables en actions or ‘ORAs’) and progressive interest subordinated notes with warrants (Titre subor- donnés & intérét progressif assortis de bons de souscrip- tion d'actions or ‘TSIP-BSAs’) with a total value of FF 1 497 415 290. Article 2 of the Decision requested France to ensure that the aid was reimbursed within two months of the date of publication of the Decision in the Official Journal of the European Communities, which took place on 6 October 1994. Article 2 also stipulated that the reim- bursement had to include the interest legally applicable from the date of granting of the aid, less any interest already paid on the bonds by Air France to CDC-P. On 26 October 1994, France appealed against the Deci- sion to the Court of Justice of the European Communi- ties and, in a parallel action, Air France appealed to the Court of First Instance of the European Communities with a view to obtaining its annulment. On 14 December 1994, representatives from Air France and the French Government held a meeting in Brussels with representatives of the Commission. The French authorities informed the Commission that they were facing difficulties in implementing the Decision and that they intended to submit to the Commission an interim recovery scheme in the light of those difficulties. On 21 December 1994, the French authorities sent a note to the Commission explaining the steps they intended to take to comply with the Decision. II The note sent to the Commission on 21 December 1994 proposes that, as the decision is being challenged before the Court of Justice, the recovery should be subject to an interim scheme whereby Air France deposits the amount to be repaid on a blocked bank account where it will