L 150/24 Official Journal of the European Union 10.6.2005 COMMISSION DECISION of 7 July 2004 on the aid measures implemented by France for Alstom (notified under document number C(2004) 2532) (Only the French version is authentic) (Text with EEA relevance) (2005/418/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, 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 called on interested parties to submit their comments pur- suant to the provisions cited above (?), and having regard to their comments, Whereas: I. PROCEDURE (1)  Following press reports published in the summer of 2003, the Commission asked France to provide information on the bid made by the public-sector nuclear group Areva for Alstom’s Transmission and Distribution (T&D) unit and further information on a package of measures for the Alstom group which was then in considerable financial difficulty. (2) By letters dated 8 and 14 August 2003, France informed the Commission that it had concluded an agreement on 2 August 2003 with the Alstom group and 32 banks under which Alstom, which was on the verge of bankruptcy, was to be granted a package of support measures as part of a rescue and restructuring plan. (3)  Byletter dated 27 August 2003, the Commission informed France that it was considering imposing a suspension injunction in respect of some of the planned aid measures. By letter dated 28 August 2003, the Commission requested additional information on a series of associated measures not included in the package reported by France. (1) OJ C 269, 8.11.2003, pp. 2 and 15. ) ®) France’s replies to the Commission’s letters were received on 4 September 2003. On 10 September 2003, France requested an extension of the deadline to reply to the ques- tions asked by the Commission on 28 August 2003 con- cerning the associated measures. The Commission refused this request by letter dated 15 September 2003. Several working meetings were held between France and the Commission in September 2003 in connection with which working documents were submitted to the Commis- sion by France. On 17 September 2003, the Commission decided to ini- tiate the formal investigation procedure under Article 88(2) of the Treaty in respect of the notified package of measures and the associated measures. The Commission also determined that the conditions were met for it to order France not to implement its acquisition of a holding in the capital of the Alstom group and its underwriting of a subordinated loan. The Commission decided to authorise the Commission Member with special responsibility for competition matters, in agreement with the President of the Commission, to adopt and notify to France an injunction to suspend some of the aid measures, by 22 September 2003, unless France undertook publicly not to participate in financing measures that would auto- matically and irreversibly result in a holding in the Alstom group’s equity, without the Commission’s prior approval under the rules applicable to state aid. On 19 September 2003, France sent the Commission a new draft agreement, still being negotiated, between Alstom, its creditor banks and the state which was to replace the agreement of 2 August 2003. By letter dated 22 September 2003, the Commission took note of this and informed France that, since the conditions set by the Commission on 17 September 2003 had been met, there was no longer any need to pursue the suspension injunc- tion that had been imposed.