No L 258/26 Official Journal of the European Communities 6. 10. 94 (Acts whose publication is not obligatory) COMMISSION COMMISSION 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) (94/662/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 Euro- pean Economic Area, and in particular point (a) of Article 62 (1) thereof and Protocol 27 thereto, Having, in accordance with the abovementioned Article of the Treaty, given notice to the parties concerned to submit their comments and having regard to those comments, Whereas : By letter of 22 April 1993, registered with the Commis- sion on 27 April 1993, the French Government, upon a request from the Commission of 1 March 1993, belatedly notified the Commission of two issues of bonds by the State-owned company, Compagnie Nationale Air France, (hereinafter referred to as ‘Air France’) taken up by State- owned company, CDC Participations, (hereinafter referred to as ‘CDC-P’), which is a subsidiary of the Caisse des Dépots et de Consignations (hereinafter referred to as ‘the Caisse’). On 28 May 1993 representatives of Air France and the French Government held a meeting in Brussels with the responsible officials of the Directorate-General for Trans- . port. The French authorities provided a number of docu- ments which were registered with the Commission on 1 June 1993. The aid was registered as non-notified aid on 19 July 1993 with the Commission Secretariat-General. On 10 November 1993 the Commission decided to open the Article 93 (2) procedure with regard to the abovemen- tioned transaction between Air France and CDC-P. The Frénch authorities were informed of this decision by letter of 7 December 1993. This letter was published in the Official Journal () and the interested third parties were invited to comment on the case. The decision to open the Article 93 (2) procedure was taken because the Commission had concerns on the nature of the aid and its adverse effects on trade within the common market. In particular the Commission needed to clarify whether the granting of the aid was actually linked to a restructuring plan. Had this been the case, the Commission needed assurances that Air France was using and would use the money received solely for the purposes of its internal restructuring. Moreover, the Commission needed further assurances that the aid to Air France would not affect trading conditions to an extent contrary to the common interest. In order to verify that the aid would not be used by Air France to transfer its difficulties to its competitors, the Commission needed to be assured that the aid to Air France would not have () OJ No 334, 9. 12. 1993, p. 7.