L 235/42 Official Journal of the European Union 10.9.2011 COMMISSION DECISION of 8 March 2011 on State aid measure C 24/09 (ex N 446/08) — State aid for energy-intensive businesses under the Green Electricity Act in Austria (notified under document C(2011) 1363) (Only the German text is authentic) (Text with EEA relevance) (2011/528/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)~ On 27 June 2008 Austria pre-notified changes that it planned to make to the Green Electricity Act (the Act’), which the Commission had found to be compatible with the internal market in 2006 in the form in which it then stood (3. On 4 September 2008 Austria notified a new version of the Act; that version is the subject of this Decision. (2) By letter dated 28 October 2008, the Commission requested additional information. After a reminder had been sent, Austria submitted additional information by letter dated 22 December 2008. Following a meeting with Austrian representatives on 11 February 2009, the Commission requested further information by letter dated 19 February 2009. Austria provided that information in a letter dated 17 March 2009. By letter of 8 May 2009 the Commission requested further information, which Austria supplied by letters dated 9 and 19 June 2009. (3 On 9 July 2008 the Commission received a complaint from the Austrian Chamber of Employees (Bundes- arbeitskammer) relating to a measure in the Act for the benefit of energy-intensive businesses. () O] C 217, 11.9.2009, p. 12. () Commission Decision of 4 July 2006 on State aid measures NN 162a/03 and N 317a/06 — Support of electricity production from renewable sources under the Austrian Green Electricity Act (feed-in tariffs) (O] C 221, 14.9.2006, p. 8). (4 On 22 July 2009 the Commission adopted a hybrid decision: it approved the measures in favour of green electricity producers, which it found to be in line with the Community guidelines on State aid for environmental protection (‘the Environmental Aid Guidelines’/'the Guidelines) (3), but decided to initiate a formal investi- gation in respect of the exemption mechanism for energy-intensive businesses (*). (5) By letter dated 23 July 2009 the Commission informed Austria of this decision and asked Austria to provide all information necessary for the assessment of the measure. (6)  The Commission published its decision in the Official Journal of the European Union (°), and invited interested parties to submit their comments. (7) By letter of 19 August 2009 Austria requested an extension of the deadline for a reply, which the Commission accepted by letter of 9 September 2009. Austria  ultimately  submitted its comments on 8 October 2009. (8) In the meanwhile, by letter dated 7 October 2009, the Austrian Chamber of Employees had submitted obser- vations on the measure for the benefit of energy- intensive businesses. The Commission asked Austria to comment on these observations. Austria submitted comments on 23 December 2009, and supplied further information on 23 April 2010. (9) By letters dated 21 June 2010 and 19 July 2010 the Commission requested additional information from Austria, which was provided on 13 September 2010. At Austria’s request, a meeting between the Commission and Austrian representatives took place on 9 July 2010. (10) In a letter dated 24 November 2010 Austria stressed the importance of the Green Electricity Act to the country, and asked for a decision in the case by the beginning of December 2010. The Commission replied to that letter on 7 December 2010. A further meeting with Austrian representatives took place on 9 December 2010. () O] C 82, 1.4.2008, p. 1. (*) State aid measure C 24/09 (ex N 446/08), C(2009) 3538 final (O] C 217, 11.9.2009, p. 12). (°) See footnote 1.