L 108/38 Official Journal of the European Union 16.4.2004 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 16 December 2003 on the aid scheme implemented by France for the takeover of firms in difficulty (notified under document number C(2003) 4636) (Only the French text is authentic) (Text with EEA relevance) (2004/343[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, 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 pursuant to the provisions cited above (%), Whereas: I. PROCEDURE (1)  Within the framework of the notice on the application of the state aid rules to measures relating to direct busi- ness taxation () (hereinafter called the notice) the Commission examines and reviews tax aid schemes in force in the Member States (*). The present proceeding is to be viewed in this context. (2) By letter dated 12 September 2001 (D[53716), the Commission sent a request for information to France concerning the tax exemption provided for in Article 44 septies of the General Tax Code. This tax exemption was not notified prior to its implementation as required by Article 88(3) of the Treaty. By letter dated 19 September 2001 (VB/myg No 2540), the French authorities requested an additional period of one month in which to supply the information, which was granted by the Commission on 1 October 2001 (D/54025). On 29 November 2001, the Commission sent a reminder (Df 54953) with a view to obtaining the requested informa- tion. On 21 December 2001 (VB/myg No 3640), the French authorities provided part of the information requested by the Commission. By letter dated 15 March () OJ C 284, 21.11.2002, p. 5. () O] C 384, 10.12.1998, p. 3. (’) See point 37 of the notice. 2002 (D[51147), the Commission requested the missing information, which was furnished on 15 April 2002 (VB/myg 1116). (3) By letter dated 19 August 2002, the Commission initiated the formal investigation procedure. The decision to initiate the procedure was published in the Official Journal of the European Communities (*). The Commission invited interested parties to submit their comments on the measure. (4  The Commission received no comments from interested parties. By letter dated 10 September 2002, the French authorities asked for a 20-day extension of time to submit their comments, which was granted by the Commission. The comments by the French Government were finally received on 16 December 2002. Detailed description of the scheme (5)  Article 44 septies of the General Tax Code was intro- duced by Article 14A of the Budget Law for 1989 (). The article provides for exemption from corporation tax for a period of two years for companies created to take over the activities of industrial firms in difficulty. Article 44 septies has been amended five times: in 1990, 1991, 1992, 1994 and 2000. Various amendments clarified the conditions of application of the tax exemption (1991) and extended its scope to complete and autono- (*) See footnote 1. () Law No 88-1149 of 23.12.1988, Official Journal of the French Republic, 28 December 1988, p. 16320.