24.11.2011 Official Journal of the European Union L 309/1 (Non-legislative acts) DECISIONS COMMISSION DECISION of 23 February 2011 on State aid granted by Italy to Portovesme Srl, ILA SpA, Eurallumina SpA and Syndial SpA (State aid measures C 38/B/04 (ex NN 58/04) and C 13/06 (ex N 587/05) (notified under document C(2011) 956) (Only the Italian text is authentic) (Text with EEA relevance) (2011/746/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 called on interested parties to submit their comments pursuant to the provisions cited above (!), and having regard to their comments, Whereas: 1. PROCEDURE 1.1. Case C 38/B/04 (1) By letter dated 4 December 2003, a law firm repre- senting a complainant brought to the Commission’s attention a series of articles published in the Italian press concerning the Italian Government's intention to introduce preferential electricity tariffs for certain under- takings located in Sardinia. (2)  The tariffs were introduced by Article 1 of the Prime Ministerial Decree of 6 February 2004 (the 2004 Decree’). The Decree had two distinct effects: a) it introduced new preferential electricity tariffs for the companies Portovesme Srl, ILA SpA and Eurallumina SpA, and b) it prolonged an existing preferential tariff in favour of Alcoa Trasformazioni, a producer of primary aluminium (‘Alcoa’). () OJ € 30, 5.2.2005, p. 7, and O] C 145, 21.6.2006, p. 8. (3) By letters dated 22 January 2004 and 19 March 2004, the Commission requested further information on these measures. The Italian authorities replied by letters dated 9 February 2004 and 9 June 2004. By letter of 20 September 2004, Italy submitted further information. (4) By letter dated 16 November 2004, the Commission informed Italy that it had decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (TFEU) in respect of the measure. (5)  The Commission’s decision to initiate the procedure was published in the Official Journal of the European Union (3). The Commission invited interested parties to submit their comments on the measures. (6)  Italy submitted observations by letters dated 4 February 2005 and 11 February 2005. (7)  The Commission also received observations from other interested parties, including three of the undertakings benefiting under the measures and a competitor of Portovesme. By letter dated 22 March 2005 the Commission forwarded those observations to Italy, which was given the opportunity to comment. Italy’s comments were received by letter dated 20 September 2005. (8)  On 29 October 2008 the case C 38/04 was split into part A, concerning Alcoa, and part B, concerning Portovesme, ILA and Eurallumina. () 0] C 30, 5.2.2005, p. 7.