13. 12. 95 Official Journal of the European Communities No L 300/23 COMMISSION COMMISSION DECISION of 7 June 1995 concerning aid granted by the Italian State to the company Iritecna SpA (Only the Italian text is authentic) (Text with EEA relevance) (95/524/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 on the European Economic Area, and in particular point (a) of Article 62 (1) thereof, Having given notice to the parties concerned, in accord- ance with the aforementioned Articles, to submit their comments, and having regard to those comments, Whereas : By letter dated 23 August 1994 the Commission informed the Italian Government of its decision, taken on 27 July 1994, to initiate a proceeding under Article 93 (2) in respect of aid given to Iritecna SpA (hereinafter referred to as ‘Iritecna’). Iritecna (now in liquidation) was a subholding wholly- owned by the Italian State holding company IRL It, in turn, controlled a number of companies operating in different sectors, in particular industrial plant engineering, consulting engineering, motorway construction and ser- vicing, urban infrastructure and public works, general civil and infrastructure construction, and management services. The company was recapitalized several times since its creation in 1991, and was finally put into liquidation in February 1994. At the same time a new company, Fintecna, was founded in the context of the restructuring of the sector and acquired certain activities from Iritecna in liquidation ; Fintecna received new capital from IRL Following a preliminary investigation into the case, the Commission concluded, on the basis of the information at its disposal, that the capital injections in question could constitute State aid within the meaning of Article 92 (1) of the EC Treaty and of Article 61 (1) of the EEA Agree- ment. The Commission furthermore considered that these measures could not be considered compatible with the common market or with the functioning of the EEA Agreement. It decided therefore to initiate a proceeding under Article 93 (2) and invited the Italian Government to submit its observations together with information regarding the restructuring process. The Commission’s decision was published in the Official Journal of the European Communities inviting other Member States and third parties to submit observations ('). After a first meeting held on 23 September 1994 between representatives of the Commission and of the company, the Italian Government submitted its comments officially by letter dated 21 December 1994, in which further details of the restructuring plan of Iritecna were provided, as requested by the Commission. Further meetings were held with IRI's and Iritecna’s representatives on 15 March 1995 and on 7 April 1995. Those meetings enabled the Commission to clarify certain aspects of the information already submitted and to request further explanations and information. A further letter dated 5 May 1995 was sent by the Italian Government to the Commission, providing all outstand- ing information. (") Communication to other Member States and interested parties published in O] No C 328, 25. 11. 1994, p. 2.