Commission Decision (EU) 2015/1586 of 26 February 2015 on measure SA.35388 (13/C)... (32015D1586)
Commission Decision (EU) 2015/1586 of 26 February 2015 on measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo airport (notified under document C(2015) 1281) (Text with EEA relevance)
- COMMISSION DECISION (EU) 2015/1586
- of 26 February 2015
- on measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo airport
- (notified under document C(2015) 1281)
- (Only the Polish text is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 1.1.
- Proceedings before the Commission
- 1.2.
- Proceedings before the General Court and the recovery process
- 1.3.
- Withdrawal
- 2.
- DESCRIPTION OF THE MEASURES AND GROUNDS FOR INITIATING THE PROCEDURE
- 2.1.
- Background to the investigation
- 2.2.
- Grounds for initiating the formal investigation procedure and the initial assessment
- 2.2.1.
- Conclusion
- 2.2.2.
- Application of the MEIP
- 2.2.3.
- Compatibility of the aid
- 3.
- POLAND'S COMMENTS
- 3.1.
- Application of the MEIP and the existence of aid
- 3.1.1.
- The decision-making process and the methodological soundness of the MEIP study
- i.
- The first stage (2007-2009) covered the preparatory works and feasibility studies for the purpose of setting up the new airport (this relates to Phase 1, as described in Table 1):
- ii.
- The second phase (from 2010 onwards) concerned the actual conversion of the airport (this relates to Phases II to IV, as described in Table 1):
- 3.1.2.
- Reliability of the key assumptions for the 2012 MEIP study
- 3.2.
- Compatibility assessment
- 3.2.1.
- Investment aid
- 3.2.2.
- Operating aid
- 4.
- OBSERVATIONS BY THIRD PARTIES
- 5.
- ASSESSMENT
- 5.1.
- Existence of State aid
- 5.1.1.
- Economic activity and notion of undertaking
- 5.1.2.
- State resources and imputability to the State
- 5.1.3.
- Economic advantage
- 5.1.3.1.
- Conclusion
- 5.1.3.2.
- The relevance of the 2010 MEIP study for the assessment of economic advantage
- Figure 1
- Annual capex (2012 MEIP study, excluding expenditure falling within the remit of public policy)
- Figure 2
- Capex (PLN '000 ) as projected in the 2010, 2011 and 2012 MEIP studies (excluding expenditure falling within the remit of public policy)
- 5.1.3.3.
- Application of the MEIP on the basis of the 2010 MEIP study
- Figure 3
- Cumulative DCF in PLN '000 (2010 MEIP study)
- 5.1.3.4.
- Application of the MEIP on the basis of the 2011 MEIP study and the 2012 MEIP study
- Figure 4
- Cumulative DCF (in PLN) 2012 MEIP study (excluding expenditure falling within the remit of public policy)
- 5.1.4.
- Selectivity
- 5.1.5.
- Distortion of competition and effect on trade
- 5.1.6.
- Conclusion
- 5.2.
- Compatibility of the aid
- 5.2.1.
- Applicability of the 2014 and 2005 Aviation Guidelines
- 5.2.2.
- Distinction between investment and operating aid
- 5.2.3.
- Investment aid
- (i)
- Construction and operation of the infrastructure meets a clearly defined objective of common interest (regional development, accessibility, etc.)
- (ii)
- The infrastructure is necessary and proportional to the objective which has been set
- (iii)
- The infrastructure has satisfactory medium-term prospects for use, in particular as regards the use of existing infrastructure
- (iv)
- All potential users of the infrastructure have access to it in an equal and non-discriminatory manner
- (v)
- The development of trade is not affected to an extent contrary to the common interest
- (vi)
- Necessity of aid and incentive effect
- 5.2.4.
- Operating aid
- 5.2.5.
- Conclusion on compatibility
- 6.
- RECOVERY
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- ANNEX
- INFORMATION ABOUT THE AMOUNTS OF AID RECEIVED, TO BE RECOVERED AND ALREADY RECOVERED
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