Article 4
This Decision is addressed to the French Republic. Done at Brussels, 1 October 1997. For the Commission Karel VAN MIERT Member of the Commission (1) OJ C 90, 20. 3. 1997, p. 3. (2) OJ C 368, 23. 12. 1994, p. 12. (3) OJ C 90, 20. 3. 1997, p. 7. (*) In the published version of this Decision, some information has been omitted on grounds of confidentiality. (4) As an interim measure, the Commission having in the meantime initiated the present proceedings on 18 December 1996, the authorities placed in February 1997 the funds involved in the transaction in a blocked account. (5) From Panorama of Community Industry, 1997, Vol. II, 1994 data. Japanese production was ECU 130 billion in 1994, against Community production of ECU 44,5 billion. (6) OJ C 307, 13. 11. 1993, p. 3. (7) A discount rate of 15 % was used at the end of 1996 by the bank advising the authorities in the valuation of Thomson Multimedia. (8) Cf. in particular Commission Decision 94/1073/EC concerning Bull, OJ L 386, 31.12.1994, p. 1, and the judgment of the Court of Justice in Joined Cases L-278/92, L-279/92 and L-280/92 Hytasa ECR I-4103 et seq., paragraph 22. (9) Law of 25 January 1985 on the statutory rehabilitation and liquidation of firms, Articles 179 and 180, Journal officiel de la république française, 26 January 1985. (10) Reference may be made to the comments of Professor Guyon in the 'Versailles Court of Appeal` case of 29 November 1990, D 1991, p. 133, stating that the fact that the State appoints one or several members of a company's management board is not sufficient to make it a 'de facto manager`.