1.3.2012 Official Journal of the European Union L 60/1 (Non-legislative acts) DECISIONS COMMISSION DECISION of 18 July 2011 on State aid C 15/09 (ex N 196/09), which Germany implemented and is planning to implement for Hypo Real Estate (notified under document C(2011) 5157) (Only the German text is authentic) (Text with EEA relevance) (2012/118/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 (1), 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 those provisions (3) and having regard to their comments, Whereas: I. PROCEDURE (1)  On 2 October 2008 the European Commission auth- orised State aid to Hypo Real Estate Holding AG in the form of a State guarantee of EUR 35 billion (registered under case number N 44/08) () temporarily, that is for (") With effect from 1 December 2009, Articles 87 and 88 °f the EC Treaty have become Articles 107 and 108, respectively, of the 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 C 240, 7.10.2009, p. 11; O] C 13, 20.1.2010, p. 58; OJ C 300, 6.11.2010, p. 6. () Commission decision of 2 October 2008 (O] C 293, 15.11.2008, p- 1). six months or until the submission of a credible and substantiated restructuring plan for the bank. Germany notified the measure on 30 September 2008. (2 On 1 April 2009, Germany notified a restructuring plan for Hypo Real Estate Group (HRE)) (registered under case number N 196/09). By letter dated 17 April 2009 Germany supplemented the notification of the restruc- turing plan by informing the Commission of a capital injection of EUR 60 million and a prolongation of State guarantees of EUR 52 billion which had been granted under the approved bank support scheme (. (3) By letter dated 7 May 2009 (°), the Commission informed Germany that it had initiated the procedure laid down in Article 108(2) of the Treaty on the Func- tioning of the European Union. That decision (‘opening decision’) was published in the Official Journal of the European Union (°), calling on interested parties to submit comments. 4 On 3 June 2009 Germany notified a capital injection amounting to EUR 2,96 billion, registered under case number N 333/09. (5)  On 17 August 2009 Germany informed the Commission (registered under case number C 15/09) that it intended to again prolong guarantees previously granted by the Sonderfonds Finanzmarktstabilisierung (‘SoFFin’) amounting to EUR 52 billion for HRE (cf. recital 2). (*) Commission decision of 12 December 2008 in case N 625/08 (O] C 143, 24.6.2009, p. 1). (’) Commission decision of 7 May 2009, replaced by decision of 24 July 2009 in case C 15/09 (ex N 196/09) (OJ C 240, 7.10.2009, p. 11). (©) See footnote 5.