16.9.2005 Official Journal of the European Union L 240[45 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 20 October 2004 on the State Aid C 38/03 implemented by Spain (further restructuring aid to the public Spanish shipyards) (notified under document number C(2004) 3918) (Only the Spanish version is authentic) (Text with EEA relevance) (2005/652[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having regard to Council Regulation (EC) No 1013/97 of 2 June 1997 on aid to certain shipyards under restructuring (%), Having regard to Council Regulation (EC) No 1540/98 of 29 June 1998 establishing new rules on aid to shipbuilding (), Having called on interested parties to submit their comments pursuant to the provisions cited above () and having regard to their comments, Whereas: I. THE PROCEDURE (1)  Based on Regulation (EC) No 1013/97, the Commission in a decision of 6 August 1997 (% authorised restruc- turing aid for Spanish public shipyards amounting to approximately EUR 1,9 billion. According to both the decision and Council Regulation (EC) No 1013/97 the condition for the approval of the aid was that no more aid for restructuring purposes should be provided. () O] L 148, 6.6.1997, p. 1. () O] L 202, 18.7.1998, p. 1. () O] C 201, 26.8.2003, p. 3. () O] C 354, 21.11.1997, p. 2. 2) In the years 2000, 2001 and 2002, the state holding company Sociedad Estatal de Participationes Industriales (hereafter SEPI) provided IZAR Construcciones navales (hereafter IZAR) with capital injections for a total sum of EUR 1 477 million. By letters dated 8 November 2002 and 14 January 2003, the Commission requested infor- mation on this matter. (3) By decision of 27 May 2003 the Commission initiated the procedure laid down in Article 88(2) of the EC Treaty (hereafter the opening) concerning the transactions whereby SEPI injected EUR 1 477 million in IZAR. The Spanish authorities were informed of the decision in a letter from the Commission dated 28 May 2003. (4)  Spain, by letters dated 11 July 2003, 29 July 2003, 11 August 2003, 19 January 2004, 23 February 2004, 14 April 2004 and 26 July 2004 submitted its comments on the opening of the procedure. (5)  Following the opening of the procedure, the Commission received comments from Royal Van Lent Shipyard by letter dated 24 September 2003, from a party requesting anonymity by letter dated 24 September 2003 and from IZAR by letter dated 6 October 2003. These comments were forwarded to Spain by letter of 13 October 2003. Spain provided comments by letter dated 10 November 2003. IZAR on 17 November 2003 brought an action (%) against the Commission before the Court of First Instance, requesting an annulment of the opening of the procedure. () O] C 21, 24.1.2004, p. 42, Case T-382/03.