31.12. %4 Official Journal of the European Communities No L 386/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 12 October 1994 concerning the grant of State aid by France to the Bull group in the form of a non-notified capital increase (C33/93 (ex NN 32/93)) (Only the French text is authentic) (Text with EEA relévance) {94/1073/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 European Economic Area and, in particular, Article 62 (1) (a) thereof and Protocol 27 thereto, Having given notice in accordance with Article 93 of the Treaty to interested parties to submit their comments and having regard to those comments, Whereas: I Groupe Bull (‘Bull’) is a manufacturer of diversified computing products having its head office based in France. In addition to its manufacturing operations Bull also provides software and maintenance services to its clients. At present the majority of Bull’s share capital is held -either directly or indirectly, through France Télécom, by the French State. A minority participation in the group’s share capital is owned by the private sector represented by NEC and IBM. The Commission has taken several recent decisions concerning Bull: the first, in 1992, being a final decision pursuant to Article 93 (2) of the Treaty (1), which considered capital injections amounting to FF 4 billion to contain aid but that this aid was compatible with the common market. This decision also assessed aid of FF 2,68 billion, granted for research and development, and found it to be similarly compatible. It should be noted that this decision is currently subject to appeal, as concerns the capital injections, at the Court of Justice of the European Communities (2). Subsequent decisions have been taken in connection with the present programme of . recapitalization: in 1993 the Commission initiated the Article 93 (2) procedure (3) in connection with an advance on a future capital injection, amounting to FF 2,5 billion. Then, in January 1994, the procedure was extended (*) to include a further capital increase amounting to FF 8,6 billion of which FF 5,5 billion was paid in December 1993. (1) OJ No C 244, 23. 9. 1992, p. 2. (2) Case C-367/92. (3) OJ No C 346, 24. 12. 1993, p. 4. (4) O No C 80, 17. 3. 1994, p. 4.