L 119/26 Official Journal of the European Union 23.4.2004 COMMISSION DECISION of 5 November 2003 concerning aid to the company Gonzilez y Diez S.A. to cover exceptional costs (aid for 2001 and incorrect use of the aid for 1998 and 2000), amending Decision No 2002/827/ECSC (notified under document number C(2003) 3910) (Only the Spanish text is authentic) (Text with EEA relevance) (2004/340/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, of Decision 2002/827[ECSC and replacing the latter by a new final decision. (3)  The Commission’s decision to initiate the procedure was Having .regard to the Treaty estgblishing the European published in the Official Journal of the European Community, and in particular the first paragraph of Article L - ; . Communities (*). The Commission gave interested parties 88(2) thereof, the opportunity to make their representations concerning the aid in question. Having regard to the Agreement on the European Economic (4 The Commission received representations —from Area, and in particular indent (a) of Article 62(1) thereof, interested parties. It communicated these representations to Spain, providing the opportunity to comment on them, but received no comments. Having called on interested parties to submit their comments pursuant to the provisions cited (!) above and having regard to 2. BACKGROUND their comments, 2.1. Notification dates Whereas: o . . erea (5)  The notification dates prior to aid for the coverage of exceptional costs of the company Gonzilez y Diez S.A. and the dates of the letters communicating the granting of aid to Gonzdlez y Diez S.A., are as follows: 1. PROCEDURE 1998: (1)  On 2 July 2002 the Commission adopted Decision (a) prior notification: 31 March 1998 2002/827[ECSC (?) which ruled that aid to the company Gonzdlez y Diez S.A to cover exceptional costs was incompatible with the common market — aid in respect (b) grant of aid: 16 April 1999 of 2001 and incorrect use of the aid in respect of 1998 and 2000 — and stipulated the recovery of the said aid. 20 In a letter dated 19 February 2003 the Commission, 2000: after having reexamined the file and its Decision 2002/827[ECSC and having regard to certain arguments (@) prior notification: 5 October 1999 presented by the said company in the context of case (supplemented by letters T-291/02 heard by the Court of First Instance of the dated 24 July and European Communities, informed Spain of its decision 8 November 2000) to initiate the procedure laid down in Article 88(2) of the Treaty with a view to repealing Articles 1, 2 and 5 (b) grant of aid: 19 March 2001 () O] C 87,10.4.2003, p. 17. S () OJ L 296, 30.10.2002, p. 80. (®) See footnote 1.