10.9.2011 Official Journal of the European Union L 235/1 II (Non-legislative acts) DECISIONS COMMISSION DECISION of 29 September 2010 on State aid C 32/09 (ex NN 50/09) implemented by Germany for the restructuring of Sparkasse Ké6InBonn (notified under document C(2010) 6470) (Only the German text is authentic) (Text with EEA relevance) (2011/526/EU) 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, ) On 11 February 2010 Germany submitted a restruc- turing plan which was discussed in a series of meetings and teleconferences during the period from December 2009 to September 2010. Having regard to the Agreement on the European Economic () (}iermany subrpitted lfurther information and updates tg Area, and in particular Article 62(1)(a) thereof, the restructuring plan on 15 January, 10, 12 an 24 February, 10 and 26 March, 21 and 28 May, 8 and 11 June, 23 July, and 10 and 23 August 2010. The final Having called on Member States and other interested parties to version Og the restructuring plan was  submitted on submit their comments pursuant to those provisions (1), 1 September 2010. Whereas: 2. DESCRIPTION OF THE BENEFICIARY 1. PROCEDURE (6)  Sparkasse KolnBonn is a German savings bank. It was N created in its current form in 2005 as a result of the (1) Germany notified the measures on 21 October 2009. merger of Stadtsparkasse Kéln and Sparkasse Bonn, whose owners (‘Trager, responsible public institutions, o o ) hereinafter ‘owner’) were, respectively, the cities of (2 By Decision of 4 quember 2009 () (the opening Cologne and Bonn. The city of Cologne indirectly Decision’), the Commission reached the preliminary holds a 70 % stake in the new bank, the city of Bonn conclusion that the recapitalisation measures of 30 %. Subsequent to this merger the role of owner of Sparkasse KolnBonn (the Bank’) constituted State aid Sparkasse KolnBonn is performed by the association and raised doubts as to whether the measures provided Zweckverband Sparkasse KélnBonn ~ (Zweckverband). to SParkasse KélnBonn could be founfi compatible with The Zweckverband, which is incorporated under public the internal market. pursuant to Article 107(3) TEEU. law, is a special purpose association. The sole participants Further, the Commission required the submission of a in the Zweckverband are the city of Cologne (70 %) and restructuring plan by the German authorities. the city of Bonn (30 %). (3)  On 6 January 2010 the opening Decision was published in the Official Journal of the European Union and interested parties were requested to submit their comments. (7) At the end of 2008 Sparkasse KolnBonn was the second () Commission Decision in Case C 32/09 (ex NN 50/09), Restructuring of Sparkasse KolnBonn (O] C 2, 6.1.2010, p. 13). (?) See footnote 1. largest savings bank in Germany with a balance sheet of EUR 31 billion. At this point, Sparkasse KélnBonn had an Aa2 rating from Moody’s. This was changed to A1 on 15 March 2010.