21.8.2012 Official Journal of the European Union L 225/1 (Non-legislative acts) DECISIONS COMMISSION DECISION of 20 September 2011 on State aid granted by Germany to HSH Nordbank AG SA.29338 (C 29/09 (ex N 264/09)) (notified under document C(2011) 6483) (Only the German text is authentic) (Text with EEA relevance) (2012/477/EV) 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 called on Member States and other interested parties to submit their comments pursuant to those provisions (1), Whereas: 1. PROCEDURE (1) On 30 April 2009 Germany notified the Commission of state aid measures for HSH Nordbank AG (hereinafter ‘HSH’) in the form of a guarantee comprising a EUR 10 billion second-loss tranche (hereinafter ‘the risk shield) and a EUR 3 billion capital injection (hereinafter ‘the recapitalisation’). The measures had been provided indi- rectly by the public-sector owners of HSH, namely the Free and Hanseatic City of Hamburg and the Land of Schleswig-Holstein (hereinafter referred to separately as ‘Hamburg' and ‘Schleswig-Holstein’  respectively, or together as ‘the public-sector owners’). () Commission Decision in case C 10/09 (ex N 138/09) ING (O] C 158, 11.7.2009, p. 13). (2) By Decision of 29 May 2009 in case N 264/09 (?) (here- inafter ‘the Rescue Decision’), the Commission authorised the recapitalisation and the risk shield for HSH for a period of six months, as rescue measures compatible with the internal market on the basis of Article 107(3)(b) of the Treaty on the Functioning of the European Union (TFEU) (%). In the Decision the Commission required the German authorities to submit a restructuring plan within three months. (3)  On 1 September 2009 Germany notified a restructuring plan to the Commission. (4 On 22 October 2009 the Commission adopted a Decision initiating the procedure under Article 108(2) TFEU with regard to the risk shield and the valuation of HSH in the context of the recapitalisation (hereinafter the ‘Decision initiating the procedure’) (*). (55 On 21 November 2009 the Decision initiating the procedure was published in the Official Journal of the European Union (°) and interested parties were requested to submit their comments within two weeks from the publication date. () Commission Decision of 29 May 2009 in case N 264/09 HSH Nordbank AG (O] C 179, 1.8.2009, p. 1). () 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; 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 of the EC Treaty when appropriate. (*) Commission Decision of 22 October 2009 in case N 503/09 HSH Nordbank AG (O] C 281, 21.11.2009, p. 42). () OJ C 281, 21.11.2009, p. 42.