Commission Decision (EU) 2016/287 of 15 October 2014 on State aid SA.26500 — 2012... (32016D0287)
Commission Decision (EU) 2016/287 of 15 October 2014 on State aid SA.26500 — 2012/C (ex 2011/NN, ex CP 227/2008) implemented by Germany for Flugplatz Altenburg-Nobitz GmbH and Ryanair Ltd (notified under document C(2014) 7369) (Text with EEA relevance)
- COMMISSION DECISION (EU) 2016/287
- of 15 October 2014
- on State aid SA.26500 — 2012/C (ex 2011/NN, ex CP 227/2008) implemented by Germany for Flugplatz Altenburg-Nobitz GmbH and Ryanair Ltd
- (notified under document C(2014) 7369)
- (Only the German text is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 2.
- BACKGROUND TO THE INVESTIGATION
- 2.1. THE FIRST CONVERSION OF THE AIRPORT TO LOW-COST AVIATION SERVICES
- 2.2. THE SECOND CONVERSION OF THE AIRPORT TO GENERAL AVIATION
- 3.
- THE MEASURES UNDER ASSESSMENT AND THEIR CONTEXT
- 3.1. OVERVIEW OF THE PUBLIC CONTRIBUTIONS RECEIVED BY FLUGPLATZ ALTENBURG-NOBITZ GMBH
- 3.2. FINANCING OF INFRASTRUCTURE INVESTMENTS IN 2000–2011
- 3.3. FINANCING OF OPERATING LOSSES OF FLUGPLATZ ALTENBURG-NOBITZ GMBH IN 2000-2011
- 3.4. AIRPORT CHARGES AND PAYMENTS TO RYANAIR UNDER THE AIRPORT SERVICES AND MARKETING AGREEMENTS
- 3.4.1.
- The schedule of airport charges at AOC
- 3.4.2.
- The Ryanair airport services agreement of 3 March 2003
- 3.4.3.
- The marketing services agreements
- 3.4.3.1.
- The marketing agreement of 7 April 2003
- 3.4.3.2.
- The marketing agreement of 28 August 2008
- 3.4.3.3.
- The marketing agreement of 25 January 2010
- 3.4.3.4.
- The side letter of 21 September 2010
- 4.
- GROUNDS FOR INITIATING THE FORMAL INVESTIGATION PROCEDURE AND THE INITIAL ASSESSMENT BY THE COMMISSION
- 5.
- COMMENTS FROM GERMANY
- 5.1. FINANCING OF INFRASTRUCTURE INVESTMENTS IN 2000–2011 (MEASURE 1)
- 5.2. FINANCING OF OPERATING LOSSES OF FLUGPLATZ ALTENBURG-NOBITZ GMBH IN 2000-2011 (MEASURE 2)
- 5.3. AIRPORT CHARGES AND PAYMENTS TO RYANAIR UNDER THE AIRPORT SERVICES AND MARKETING AGREEMENTS (MEASURE 3)
- 6.
- COMMENTS FROM INTERESTED PARTIES
- 6.1. COMMENTS FROM RYANAIR
- 6.2. COMMENTS FROM AIRPORT MARKETING SERVICES (AMS)
- 6.3. COMMENTS FROM LUFTHANSA
- 6.4. COMMENTS FROM BUNDESVERBAND DER DEUTSCHEN FLUGGESELLSCHAFTEN
- 7.
- COMMENTS FROM GERMANY ON INTERESTED PARTIES' COMMENTS
- 7.1. COMMENTS FROM GERMANY ON THE COMMENTS FROM RYANAIR
- 7.2. COMMENTS FROM GERMANY ON THE COMMENTS FROM LUFTHANSA
- 8.
- ASSESSMENT
- 8.1. EXISTENCE OF AID
- 8.1.1.
- Measure 1: Financing of infrastructure investments in 2000-2011
- 8.1.2.
- Measure 2: Financing of operating losses of Flugplatz Altenburg-Nobitz GmbH in 2000-2011
- 8.1.3.
- Measure 3: Airport charges and payments to Ryanair under the airport services and marketing agreements
- — Airport services and marketing agreements of 2003
- — Airport services and marketing agreements of 2003 + The marketing agreement of 28 August 2008
- — Airport services and marketing agreements of 2003 + the marketing agreement of 25 January 2010
- — Conclusion
- 8.2. COMPATIBILITY OF THE AID
- 8.2.1.
- Measure 1: Financing of airport infrastructure at AOC
- 8.2.1.1.
- The construction and operation of the infrastructure meets a clearly defined objective of common interest (regional development, accessibility, etc.)
- 8.2.1.2.
- The infrastructure is necessary and proportionate to the objective which has been set
- 8.2.1.3.
- The medium-term prospects for the use of the infrastructure are satisfactory, in particular as regards the use of existing infrastructure
- 8.2.1.4.
- All potential users of the infrastructure have access to it in an equal and non-discriminatory manner
- 8.2.1.5.
- The development of trade is not affected to an extent contrary to the EU interest
- 8.2.1.6.
- The aid has an incentive effect and is necessary and proportionate
- 8.2.1.7.
- Conclusion
- 8.2.2.
- Measure 2: Financing of operating losses of Flugplatz Altenburg-Nobitz GmbH in the years 2000-2011
- 8.2.2.1.
- Contribution to a well-defined objective of common interest
- 8.2.2.2.
- Need for state intervention
- 8.2.2.3.
- Appropriateness of the aid measure
- 8.2.2.4.
- Existence of incentive effect
- 8.2.2.5.
- Proportionality of the aid amount (aid limited to a minimum)
- 8.2.2.6.
- Avoidance of undue negative effects on competition and trade between Member States
- 8.2.2.7.
- Conclusion
- 8.2.3.
- Measure 3: Airport charges and payments to Ryanair under the combination of the 2003 airport services agreement, the 2003 marketing agreement and the 2010 marketing agreement
- 8.2.3.1.
- Applicable legal framework
- 8.2.3.2.
- Compatibility assessment for the contract concluded on 25 January 2010, combined with the airport services contract concluded on 3 March 2003 and the marketing agreement concluded on 7 April 2003
- 8.2.3.3.
- Conclusion
- 9.
- CONCLUSION
- 9.1. MEASURE 1: FINANCING OF INFRASTRUCTURE INVESTMENTS IN THE YEARS 2000-2011
- 9.2. MEASURE 2: FINANCING OF OPERATING LOSSES OF FLUGPLATZ ALTENBURG-NOBITZ GMBH IN THE YEARS 2000-2011
- 9.3. MEASURE 3: RYANAIR SERVICES AND MARKETING AGREEMENTS
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
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