17.6.2011 Official Journal of the European Union L 159/95 COMMISSION DECISION of 20 July 2010 on the State aid C 33/09 (ex NN 57/09, CP 191/09) implemented by Portugal in the form of a State guarantee to BPP (notified under document C(2010) 4932) (Only the Portuguese text is authentic) (Text with EEA relevance) (2011/346/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union (TFEU), 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 interested parties to submit their comments pursuant to those provisions () and having regard to their comments, Whereas: This decision concerns State aid granted by Portugal in the form of a State guarantee in favour of Banco Privado Portugués (hereinafter ‘BPP’). 1. PROCEDURAL ASPECTS On 13 March 2009 the Commission approved by decision (‘the Rescue Aid Decision’) (3) a State guarantee underwriting a EUR 450 million loan granted to BPP by six Portuguese banks on 5 December 2008. The measure was authorised for a period of 6 months on the basis of Article 87(3)(b) of the EC Treaty (now Article 107(3)(b) TFEU), on the assumption that the Portuguese authorities would implement their commitment to submit a restruc- turing plan within 6 months (i.e. by 5 June 2009). On 15 July 2009 the Commission called on the Portuguese authorities to urgently submit the restruc- turing plan for BPP. Since the requested plan was not submitted, by letter dated 6 October 2009 the C 56, 6.3.2010, p. 10. ORY) ORY) —= C 174, 28.7.2009, p. 1. Commission sent an official reminder pursuant to Article 5(2) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (?). On 10 November 2009 the Commission initiated the formal investigation procedure with respect to the alleged State aid measure. In the same decision the Commission issued an information injunction requesting Portugal to submit the restructuring plan by 22 December 2009. The Commission decision to initiate the procedure was published in the Official Journal of the European Union on 6 March 2010 (*). The Commission invited interested parties to submit comments on the aid measure. Comments were submitted by letter dated 6 April 2010 by a third party who wished to remain anonymous. The Commission requested information from Portugal by letter of 12 March 2010, to which Portugal replied by letter dated 13 April 2010, registered as received on 14 April 2010. The comments from interested parties were transmitted to Portugal by letter of 15 April 2010. Portugal replied to these comments by letter dated 13 May 2010, registered on 14 May 2010. The Commission requested further information on 29 April 2010, which Portugal submitted by letter dated 13 May 2010. Portugal provided further information on 15 and 21 June 2010. () O] L 83, 27.3.1999, p. 1. (*) See footnote 1.