12.10.2012 Official Journal of the European Union L 279/1 II (Non-legislative acts) DECISIONS COMMISSION DECISION of 20 December 2011 on State aid C 25/08 (ex NN 23/08) reform of the arrangements for financing the retirement pensions of civil servants working for France Télécom implemented by the French Republic in favour of France Télécom (notified under document C(2012) 9403) (Only the French version is authentic) (Text with EEA relevance) (2012/540/EU) THE EUROPEAN COMMISSION, procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (TFEU) in respect of this aid. Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof (1), (4)  The French Republic presented its comments on 18 July Having regard to the Agreement on the European Economic 2008. Area, and in particular Article 62(1)(a) thereof (2, The Commission’s decision to initiate the procedure was published in the Official Journal of the European Union (*) and the Commission invited interested parties to submit their comments. Having called on interested parties to submit their comments (3) ©) pursuant to the provisions cited above and having regard to their comments, Whereas: (6)  On 22 September 2008, the Commission received comments from France Télécom and, after extending the deadline, it received comments from the 1. PROCEDURE (1) By a complaint dated 4 October 2002, supplemented on G) 16 January 2003, the Commission received allegations that the French Republic had implemented aid in favour of France Télécom which reduced its financial charges in part, and notably those relating to the financing of retirement pensions. By letter dated 17 March 2004, the French Republic sent the Commission the information it had requested concerning the complaint. By letters dated 2 April 2004 and 24 February 2006, the complainants supplied additional information relating to the complaint. By letter dated 20 May 2008, the Commission informed the French Republic of its decision to initiate the (") With effect from 1 December 2009, Articles 87 and 88 of the EC complainants and a telecommunications operator on 1 and 16 October 2008, respectively. The Commission forwarded these to the French Republic, giving it the opportunity to comment on them, and received comments from the French Republic by letter dated 13 February 2009. On 16 February 2009, France Télécom presented comments drawing the Commission’s attention to a General Court judgment of 28 November 2008 (°) which, in its opinion, confirms its arguments. On 14 May 2009, the telecommunications operator referred to in recital 6 presented supplementary information in relation to its comments during the procedure, referring to a Commission decision dated 11 February 2009 (°) which, in its opinion, supports its comments. Treaty have become Articles 107 and 108, respectively, of the Treaty on the Functioning of the European Union (TFEU). 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, respectively, of the EC Treaty where appropriate. ® OJ L1, 3.1.1994, p. 3. () OJ C 213, 21.8.2008, p. 11. (*) See footnote 3. (>) Judgment of 28 November 2008 in Joined Cases T-254/00, T-270/00 and T-277/00 Hotel Cipriani and others v Commission ECR 1I-3269. (°) Commission Decision 2009/703/EC of 11 February 2009 on State aid C55/2007 granted to BT Plc (O] L 242, 15.9.2009, p. 21).