20.9.2006 Official Journal of the European Union L 257/11 COMMISSION DECISION of 2 August 2004 on the State Aid implemented by France for France Télécom (notified under document number C(2004) 3060) (Only the French version is authentic) (Text with EEA relevance) (2006/621 [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 those comments, Whereas: 1. PROCEDURE (1) By letter dated 31 January 2003, the Commission informed France of its decision to open the formal investigation procedure provided for in Article 88(2) of the EC Treaty (‘the opening decision’) in respect of financial measures introduced by the French authorities for France Télécom (France Télécom’, FT" or ‘the Company’) and in respect of the business tax scheme applicable to that operator. A description of the facts which led to the procedure being opened is not included in this Decision (). (2) The opening decision was notified to France on 31 January 2003. After a number of substantive errors had been corrected, a corrigendum was notified to France on 7 March 2003. (3) France communicated additional information to the Commission by letters dated 4 April 2003, 15 May 2003 and 29 January 2004. (4) The Commission’s decision to open the procedure was published in the Official Journal of the European Union (%). The Commission invited interested third parties to submit their comments on the aid measures in question. (5)  The Commission received the following comments on the subject from interested third parties: — 21 March 2003: comments from Cable and Wireless plc and Cable and Wireless SA — 11 April 2003: comments from Cegetel — 10 April 2003: comments from AFORS Telecom — 11 April 2003: comments from LDCOM — 11 April 2003: comments from A (%) — 10 April 2003: comments from Tiscali — 11 April 2003: comments from WorldCom France (°) — 11 April 2003: comments from B (°) — 11 April 2003: comments from Bouygues ITS and Bouygues Telecom (7) — 14 April 2003: comments from Telecom Italia — 14 April 2003: comments from C (%) — 29 April 2003: comments from B — 30 April 2003: comments from LDCOM (°). The Commission transmitted the comments to France on 16 May 2003, giving it the opportunity of commenting on them. It received France’s comments by letters dated 30 June and 29 July 2003 (19). On 30 May 2003, the Commission published an invitation to tender for a contract ‘for the provision of services to assist in assessing the compliance of the financial assistance granted to France Télécom with the principle of the private investor in a market economy and if necessary to analyse France Télécom’s recovery plan’ (). By letter dated 3 July 2003, the French authorities wrote to the Commission about the above-mentioned invitation to tender. The Commission replied by letter dated 24 September 2003. On 24 September 2003, the contract for the provision of services was awarded to the firm of consultants NERA (NERA!, or ‘the consultant’). The French authorities were informed of the expert’s identity by fax dated 8 October 2003. The Commission received other information and docu- ments from the third parties listed below: — 23 June 2003: letter from LDCOM — 25 June 2003: letter from D (1) — 27 October 2003: letter from MCI