7.11.2014 Official Journal of the European Union L 323/19 COMMISSION DECISION of 23 July 2013 on the State aid SA.35062 (13/N-2) implemented by Portugal for Caixa Geral de Depositos (notified under document C(2013) 4801) (Only the English text is authentic) (Text with EEA relevance) (2014/767EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having called on Member States and other interested parties to submit their comments pursuant to those provisions (1), Whereas: 1. PROCEDURE (1)  On 28 June 2012, the Portuguese Republic (Portugal) notified recapitalisation measures to Caixa Geral de Depositos, S.A (‘CGD’ or ‘the bank). (20 On 18 July 2012, the Commission adopted a decision in case SA.35062 (12/NN) (the Rescue Decision’) (?) authorising the recapitalisation of CGD implemented on 29 June 2012 as rescue aid. (3) By electronic mail of 27 September 2012 Portugal informed the Commission that Caixa Geral Finance Limited (‘CGDF), an affiliate of CGD, would pay out dividends to the holders of perpetual non-cumulative preference shares the next day. (4)  On 28 September 2012, CGDF executed the payment of dividends. (5)  On 18 December 2012, the Commission adopted a decision in case SA.35062 (12/NN) (‘the Opening Decision’) (?) instigating the formal investigation procedure for misuse of rescue aid pursuant to Article 16 of Council Regu- lation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 108 of the treaty on the functioning of the European Union (¥). (6) By publishing that decision the Commission invited interested parties to comment on its preliminary conclusion that the dividend payment constituted a breach of the terms of the Rescue Decision, but has not received any related comments. (7)  Portugal exceptionally accepts for reasons of urgency that the present decision be adopted in the English language. () OJ C 116, 23.4.2013, p. 13. (®) http:|[ec.europa.eu/competition/state_aid/cases/247111/247111_1420908_83_2.pdf (%) See footnote 1. (% OJ L 83, 27.3.1999, p. 1.