Commission Decision (EU) 2015/1824 of 23 July 2014 on the measures taken by Germa... (32015D1824)
Commission Decision (EU) 2015/1824 of 23 July 2014 on the measures taken by Germany with regard to Airport Niederrhein (Weeze) und Flughafen Niederrhein GmbH — SA.19880 and SA.32576 (ex NN/2011, ex CP/2011) (notified under document C(2014) 5084) (Text with EEA relevance)
- COMMISSION DECISION (EU) 2015/1824
- of 23 July 2014
- on the measures taken by Germany with regard to Airport Niederrhein (Weeze) und Flughafen Niederrhein GmbH — SA.19880 and SA.32576 (ex NN/2011, ex CP/2011)
- (notified under document C(2014) 5084)
- (Only the English text is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 2.
- GENERAL CONTEXT
- 2.1.
- General presentation of the airport
- 2.2.
- Development of the airport
- 2.2.1.
- Development of the Ownership of the airport
- 2.2.2.
- The economic development of EEL GmbH and FN GmbH
- 3.
- DESCRIPTION OF THE MEASURES UNDER ASSESSMENT AND THEIR CONTEXT
- 3.1.
- Measure 1: Loans from EEL GmbH to FN GmbH
- 3.2.
- Measure 2: Support from the Land Nordrhein Westfalen
- 3.3.
- Measure 3: Support granted from the district of Kleve directly to FN GmbH concerning the acquisition of the airport real estate
- 3.4.
- Measure 4: Public support to EEL GmbH
- 4.
- GROUNDS FOR OPENING THE FORMAL INVESTIGATION PROCEDURE
- 4.1.
- Measure 1: Loans granted by EEL GmbH to FN GmbH
- 4.2.
- Measure 2: Support from Land Nordrhein-Westfalen to FN GmbH
- 4.3.
- Measure 3: Direct support from the district of Kleve to FN GmbH
- 4.4.
- Measure 4: Capital injections and loans to the benefit to EEL GmbH
- 5.
- COMMENTS FROM GERMANY
- 5.1.
- General comments
- 5.1.1.
- Project Background
- 5.1.2.
- The logic of private financing of the airport
- 5.1.3.
- Notion of aid — Airport construction seen as a non-economic activity
- 5.1.4.
- Notion of aid — Non-existence of a hypothetical reference investor
- 5.1.5.
- FN GmbH does not qualify as a company in difficulty
- 5.1.6.
- Distortion of competition
- 5.2.
- Measure 1: EEL GmbH's support to FN GmbH
- 5.2.1.
- EEL GmbH control over FN GmbH
- 5.2.2.
- Ex ante
- assessment of the market conditions and the investments needed
- 5.2.3.
- Market-conformity of EEL GmbH's loans to FN GmbH
- 5.3.
- Measure 2: Land NordRhein Westfalen's support measure to FN GmbH
- 5.4.
- Measure 3: Direct support from the district of Kleve to FN GmbH
- 5.5.
- Measure 4: public refinancing of EEL GmbH
- 5.6.
- Compatibility assessment
- 5.7.
- Legitimate expectations
- 6.
- COMMENTS FROM INTERESTED PARTIES
- 6.1.
- Flughafen Düsseldorf GmbH
- 6.2.
- Niederrheinische Industrie — und Handelskammer Duisburg Wesel Kleve zu Duisburg
- 6.3.
- Erlebe-Fernreisen and Atlasreisen
- 6.4.
- Agello
- 6.5.
- Pro:niederrhein
- 6.6.
- Tower Company and STI
- 6.7.
- Serve2fly and I-Punkt
- 6.8.
- Gaetan Data
- 6.9.
- Van Boekel, RAS and SOV
- 6.10.
- NRN Energie
- 6.11.
- KPP
- 6.12.
- The district of Kleve
- 6.13.
- FN GmbH
- 6.14.
- Other third parties
- 7.
- COMMENTS FROM GERMANY ON THIRD PARTY COMMENTS
- 8.
- ASSESSMENT OF THE MEASURES
- 8.1.
- Legitimate expectations
- 8.2.
- Company in difficulty
- 8.3.
- Existence of Aid Concerning the Loans Granted to FN GmbH (Measure 1)
- 8.3.1.
- Notion of Undertaking and Economic Activity
- 8.3.2.
- State resources and imputability to the State
- 8.3.3.
- Selective economic advantage — Market economy investor/creditor principle
- 8.3.4.
- Selectivity
- 8.3.5.
- Distortion of competition and effect on trade
- 8.3.6.
- Conclusion
- 8.4.
- Existence of aid concerning the support received by the Land Nordrhein-Westfalen (Measure 2)
- 8.4.1.
- Notion of Undertaking and Economic Activity
- 8.4.2.
- State resources and imputability to the State
- 8.4.3.
- Economic Advantage
- 8.4.4.
- Selectivity
- 8.4.5.
- Distortion of competition and effect on trade
- 8.4.6.
- Conclusion
- 8.5.
- Existence of aid concerning the support received from the district of Kleve (Measure 3)
- 8.5.1.
- Notion of Undertaking and Economic Activity
- 8.5.2.
- State resources and imputability to the State
- 8.5.3.
- Economic Advantage
- 8.5.4.
- Selectivity
- 8.5.5.
- Distortion of competition and effect on trade
- 8.5.6.
- Conclusion
- 8.6.
- Existence of aid concerning the support received by EEL GmbH from the district of Kleve and the municipality of Weeze (Measure 4)
- 8.6.1.
- Notion of Undertaking and Economic Activity
- 8.6.2.
- State resources and imputability to the State
- 8.6.3.
- Economic Advantage
- 8.6.4.
- Distortion of competition and effect on trade
- 8.6.5.
- Conclusion
- 8.7.
- New aid v. existing aid
- 8.8.
- Lawfulness of the aid
- 9.
- COMPATIBILITY
- 9.1.
- Applicability of the 2014 and 2005 Aviation Guidelines
- 9.2.
- Investment aid vs Operating aid
- 9.2.1.
- Measure 1
- 9.2.2.
- Measure 2
- 9.2.3.
- Measure 3
- 9.2.4.
- Conclusion
- 9.3.
- Compatibility of investment aid measures
- 9.3.1.
- Construction and operation of the infrastructure meets a clearly defined objective of general interest (regional development, accessibility, etc.)
- 9.3.2.
- The infrastructure is necessary and proportional to the objective which has been set
- 9.3.3.
- The infrastructure has satisfactory medium-term prospects for use, in particular as regards the use of existing infrastructure
- 9.3.4.
- All potential users of the infrastructure have access to it in an equal and non- discriminatory manner
- 9.3.5.
- The development of trade is not affected to an extent contrary to the interest of the EU
- 9.3.6.
- Necessity and proportionality of the aid
- 9.3.7.
- Conclusion on Measure 1 (Loan 4), 2 and 3
- 9.4.
- Compatibility of the operating aid measure
- 9.4.1.
- The operating aid contributes to a clearly defined objective of common interest
- 9.4.2.
- Need for State intervention
- 9.4.3.
- Appropriateness of State aid as a policy instrument
- 9.4.4.
- Existence of incentive effect and proportionality of the aid amount (aid limited to the minimum necessary)
- 9.4.5.
- Avoidance of undue negative effects on competition and trade
- 9.5.
- Conclusion on the compatibility of the aid measures
- 10.
- LANGUAGE
- Article 1
- Article 2
- Article 3
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