15. 8. 87 Official Journal of the European Communities No L 228/39 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 11 March 1987 concerning aid which the Belgian Government has granted to a ceramic sanitary ‘ ware manufacturer at La Louviére (Only the French and Dutch texts are authentic) (87/ 423/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subpara- graph of Article 93 (2) thereof, Having given notice in accordance with the above Article to interested parties to submit their comments and having regard to those comments, Whereas : I By Decisions 83/130/EEC (') and 85/153/EEC (* the Commission found that the Bfrs 475 million and Bfrs 83 million in aid granted without prior notification in 1981 and 1983 to a ceramics manufacturer at La Louviére in the form of subscriptions of new capital was incompatible with the common market and should therefore bewith- drawn. These Decisions gave rise to. Cases 52/84 and . 40/85 before the Court of Justice. Despite this repeated assistance, the firm in question, SA Boch, was again in financial difficulties in 1984. This induced the Belgian authorities, in this case the regional authorities, to decide to provide further assistance, this time in the form of a Bfrs 295,3 million capital injection. The Commission, which had initiated the procedure ) OJ No L 91, 9. 4. 1983, p. 32. Oj No L 59, 27. 2. 1985, p. 21. provided for in Article 93 (2) of the EEC Treaty on 23 August 1984, decided in Decision 86/366/EEC (%) that this third aid payment should not be made and that an advance of Bfrs 104 million, paid unlawfully in 1984 to enable the firm to continue trading until early 1985, should be recovered. In January 1985, the Belgian regional authorities — which were virtually the only shareholder in SA Boch — decided to wind it up and create a new legal entity out of ~ the sanitary ware division of the old company. On 13 March 1985 a new company called Noviboch was set up and endowed by the Belgian Regional authorities with a fully paid-up share capital of Bfrs 400 million. On 1 June 1985 the new company resumed the business actvities of the sanitary ware division of its predecessor in liquidation. In August 1985 Noviboch acquired from the liquidators of Boch that company’s buildings, the equip- ment and goodwill of its sanitary ware division and its stocks of sanitary ware estimated by the Commission to number some 100 000 items, but not its debts. Noviboch started up on 1 September 198S. I1 On learning of its intention to set up and finance the new company, the Commission informed the Belgian Govern- ment by telex dated 23 Jenuary 1985 that any aid designed to permit the continued production of Boch ceramic sanitary ware should be notified to it in advance. () OJ NO L 223, 9. 8. 1986, p. 30.