30.4.2013 Official Journal of the European Union L 119/9 COMMISSION DECISION of 27 June 2012 on the State aid SA.28356 (C 37/09, ex N 226/09) — Habidite Alonsotegi (notified under document C(2012) 4194) (Only the Spanish text is authentic) (Text with EEA relevance) (2013/198/EV) THE EUROPEAN COMMISSION, Having regard to Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof (1), Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having regard to the Decision by which the Commission decided to initiate the procedure laid down in Article 108(2) of the Treaty, in respect of the aid C 37/09 (ex N 226/09) (3), Having called on interested parties to submit their comments pursuant to the provisions cited above, and having regard to their comments, Whereas: I. PROCEDURE (1)  On 15 April 2009 the Spanish authorities notified for legal certainty purposes two contracts, concluded on 15 December 2006, between BIZKAILUR S.A. (here- inafter "BIZKAILUR") and the Diputacién Foral de Bizkaia (hereinafter "the Diputacién"), on the one hand, and on the other hand, by the private undertakings Habidite Technologies Pais Vasco S.A. (hereinafter "Habi- dite"), Grupo Empresarial AFER S.L. (hereinafter "the AFER group") and the Habidite group. () With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108, respectively, of the TFEU. The two sets of provisions are, in substance, identical. For the purposes of this Decision, references to Articles 107 and 108 of the TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty where appropriate. () Commission Decision C(2009)9310 final of 2 December 2009 (O] C 61, 12.3.2010, p. 6). (2)  On 2 December 2009 the Commission opened a formal investigation procedure pursuant to Article 108(2) of the Treaty with regard to the notified contracts (hereinafter: "the opening Decision") (). The opening Decision was published in the Official Journal of the European Union on 12 March 2010 (¥). (3)  The Spanish authorities did not submit comments on the opening Decision. Habidite commented on the opening Decision by letter of 9 April 2010. These comments were transmitted to the Spanish authorities by letter of 15 April 2010, who replied by letter of 12 May 2010. No other third parties commented on the opening Decision. (4)  On 6 September 2010 Habidite requested access to the file documents originating from the Spanish authorities under Regulation (EC) 1049/2001 (°). The Commission consulted the Spanish authorities on this request on 10 September 2010. The Spanish authorities replied on 13 September that they did not object to granting access to the requested documents to Habidite. The requested documents were transmitted to Habidite on 7 October 2010. (5)  The Commission requested additional information from the Spanish authorities by letters of 28 June 2010 — to which the Spanish authorities replied on 26 July 2010, and 8 December 2010 — to which the Spanish authorities replied on 14 January 2011. (6)  Habidite submitted additional comments and information on: 27 July 2010 - to which the Spanish authorities replied on 3 November 2011; 6 April 2011 (registered on 13 April 2011) — to which the Spanish authorities replied on 30 May 2011 (registered on 6 June 2011); and 7 July 2011. The Commission services met on 3 February 2011 in Brussels with representatives of Habidite, at the latter’s request. () See footnote 2. (*) See footnote 2. (>) Regulation No. 1049/2001 of the European Parliament and of the Council of 30 May 2001 concerning public access to documents of the European Parliament, the Council and the Commission (O] L 145, 31.5.2001, p. 43).