6.5.2011 Official Journal of the European Union L 118/9 COMMISSION DECISION of 27 October 2010 on State aid C 14/09 (ex NN 17/09) granted by Hungary to Péti Nitrogénmiivek Zrt. (notified under document C(2010) 7274) (Only the Hungarian text is authentic) (Text with EEA relevance) (2011/269/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) TFEU (') in respect of State aid C 14/09 (ex NN 17/09) (3, Having called on interested parties in accordance with the afore- mentioned provisions to submit their comments pursuant to those provisions, and having regard to their comments, Whereas: I. PROCEDURE (1) At the end of 2008 the Commission learnt from the media about planned measures by Hungary in favour of Péti Nitrogénmdvek Zrt. (hereinafter ‘Nitrogénmvek’). After several exchanges of information, on 29 April 2009 the Commission opened the formal investigation procedure on measures allegedly constituting State aid. () On 1 December 2009, Articles 87 and 88 of the EC Treaty were replaced by Articles 107 and 108, respectively, of the Treaty on the Functioning of the European Union (TFEU). Article 87 of the EC Treaty is, in substance, identical to Article 107 TFEU, as is Article 88 of the EC Treaty to Article 108 TFEU. For the purposes of this Decision, references to Articles 107 and 108 TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty, where necessary. () Commission Decision C(2009) 3000 final of 29 April 2009 (O] C 165, 17.7.2009, p. 12). (2)  Hungary submitted its comments to the Commission’s opening decision on 3 and 17 August 2009. (3)  The opening decision was published in the Official Journal of the European Union on 17 July 2009 (}). Comments were received from four interested parties: from Nitro- génmtivek, the beneficiary of the measures allegedly constituting State aid, on 18 August 2009; from two interested parties requesting that their identity not be disclosed, on 17 and 18 August 2009; and from ZAK S.A. on 19 August 2009. (4)  The Commission transmitted the comments to Hungary by letter of 21 September 2009. Hungary replied to the third-party comments by letter of 20 October 2009. (5)  The Commission requested further information from the Hungarian authorities on 3 November 2009, to which Hungary replied by letter of 4 December 2009. A further informal exchange of information took place by e-mail in June 2010 between the Commission services and the Hungarian authorities. II. THE BENEFICIARY (6)  Nitrogénmtvek is a producer of synthetic fertilisers. Its head office is located in Pétfiird6, Veszprém county, Hungary, which is an assisted area pursuant to Article 107(3)(a) TFEU. The company is Hungary’s main fertiliser producer and the main supplier of the Hungarian market. (7)  In 2008 Nitrogénmtvek had a turnover of HUF 64,8 billion (approx. EUR 232 million), 74 % of which was realised in Hungary and 26 % exported (mainly to EU markets). In 2008 it employed 508 staff. The company’s registered capital amounts to HUF 528 million (approx. EUR 1,92 million). In 2008 equity totalled HUF 11 billion (approx. EUR 40 million). () See footnote 2.