17.8.2011 Official Journal of the European Union L 210/1 II (Non-legislative acts) DECISIONS COMMISSION DECISION of 23 February 2011 on State aid C 58/06 (ex NN 98/05) implemented by Germany for Bahnen der Stadt Monheim (BSM) and Rheinische Bahngesellschaft (RBG) in the Verkehrsverbund Rhein-Ruhr (notified under document C(2011) 632) (Only the German text is authentic) (Text with EEA relevance) (2011/501/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 108(2) thereof ('), Having regard to the Agreement on the European Economic 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. (3 O] C 74, 31.3.2007, p. 18. (%) See Section 4.2. Bahnen der Stadt Monheim GmbH (BSM) receive compensation payments for public service obligations, and requested Germany to submit its comments. At Germany's request, a meeting took place on 1 February 2007. Germany transmitted its comments on 18 April and 4 May 2007. > . ; (2)  The Commission’s decision to open the formal investi- Area, and in particular Article 62(1)(a) thereof, gation procedure was published ipn the Official Journal of the European Union on 31 March 2007 (4. The Commission invited interested parties to submit their Having called on interested parties to submit their comments comrr}llentfs hon tbhle rpeas(;lres in question within 1 pursuant to the above Articles (3, and having regard to these month of the publication date. comments, (3)  The Commission received comments from one interested Whereas: party. It transmitted the comments to Germany by letter dated 29 May 2007. Germany was given the opportunity to respond to them within 1 month. The Commission received Germany’s observations by letter dated 29 June 1. PROCEDURE 2007. (1) By letter dated 21 December 2006, the Commission informed Germany of its decision to consider that the ‘old financing system’ of the Verkehrsverbund Rhein- ) o ) Ruhr (Rhine-Ruhr Transport Network — ‘VRR) (4) At Germany's request, an add1t19nal meeting took place constituted existing aid and to open the procedure on 31 January 2998' Th1§ meetlng was followed by the provided for in Article 108(2) TFEU in respect of the dispatch of additional %nf.ormanon by Germany, as ‘new financing system’ () of VRR, on the basis of requested by the Commission, on 5 May and 3 July which Rheinische Bahngesellschaft AG (RBG) and 2008. (") 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 (5) By letters dated 2 October 2007, 30 January 2008 and 4 April 2008, the interested party provided further clari- fications with regard to its initial observations. (*) See footnote 2.