L 289/56 Official Journal of the European Union 19.10.2012 COMMISSION DECISION of 21 March 2012 on State aid SA.29864 (C 6/10) (ex NN 1/10) implemented by the Czech Republic for Ceské aerolinie, a. s. (CSA — Czech Airlines a.s. — possible State aid implications of a loan provided by Osinek a.s.) (notified under document C(2012) 1664) (Only the Czech version is authentic) (Text with EEA relevance) (2012/637/[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, 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 on the Functioning of the European Union (), in respect of the aid SA.29864 (C 6/10, ex NN 1/10, CP 371/2009) (), Having called on interested parties to submit their comments pursuant to the provisions cited above and having regard to their comments, Whereas: 1. PROCEDURE (1) In May 2009, on the basis of publicly available information, the Commission learned that a state- owned company in liquidation called Osinek a.s. (Osinek) had agreed to grant a loan of CZK 2,5 billion (approximately EUR 100 million) to CSA — Czech airlines, a. s. (‘CSA’). The Commission requested information from the Czech Republic by letters dated 14 May 2009 and 24 September 2009. The Czech Republic  provided the Commission with further information by letters dated 10 September 2009 and 25 November 2009. (2) By letter dated 24 February 2010 the Commission informed the Czech Republic of its decision to initiate the procedure laid down in Article 108(2) TFEU in respect of the measure (the opening decision’). The Czech Republic provided comments on that decision by letter dated 26 April 2010. The Commission asked (") With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108 respectively of the Treaty on the Functioning of the European Union (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 Article 87 and 88, respectively, of the EC Treaty when appropriate. The TFEU also introduced certain changes in terminology, such as the replacement of ‘Community’ by ‘Union’ and ‘common market' by ‘internal market. The terminology of the TFEU will be used throughout this Decision. (%) Commission Decision C(2010) 987 final of 24 February 2010 (O] C 43, 11.2.2011, p. 6). further questions by letter dated 6 July 2010, to which the Czech Republic replied on 15 September 2010. The opening decision was published in the Official Journal of the European Union.. The Commission invited interested parties to submit their comments on the measure. The Commission received comments from four interested parties: Travel Service and Icelandair Group on 10 March 2011, Czech Connect Airlines a.s. on 11 March 2011, JOB AIR Technic a.s. on 10 March 2011, and CSA on 14 March 2011. The Commission forwarded these comments to the Czech Republic, which was given the opportunity to reply; the Commission received the reply by letter dated 12 May 2011. 2. DETAILED DESCRIPTION OF THE MEASURE 2.1. The Osinek loan The measure under investigation is a loan granted on 30 April 2009 by Osinek to the Czech national flag carrier, CSA. The loan was disbursed in three tranches as follows: (a) the first tranche, for CZK 800 million, was drawn on 11 May 2009; (b) the second tranche, for CZK 900 million, was drawn on 30 July 2009; and (c) the third tranche, for CZK 800 million, was drawn on 24 September 2009. The expected date of repayment was 30 November 2010, with the possibility of prolongation. The interest rate on the loan was the three-month Prague Inter Bank Offered Rate (PRIBOR’) plus 300 basis points as a risk premium, ie. 5,51 % at the date on which the loan agreement was signed. Interest was due on a quarterly basis on the last business day of a calendar quarter (interest period). Interest was calculated daily from the day preceding the repayment of the Osinek loan.