Commission Decision (EU) 2015/1226 of 23 July 2014 on State aid SA.33963 (2012/C)... (32015D1226)
Commission Decision (EU) 2015/1226 of 23 July 2014 on State aid SA.33963 (2012/C) (ex 2012/NN) implemented by France in favour of Angoulême Chamber of Commerce and Industry, SNC-Lavalin, Ryanair and Airport Marketing Services (notified under document C(2014) 5080) (Only the French text is authentic)Text with EEA relevance
- COMMISSION DECISION (EU) 2015/1226
- of 23 July 2014
- on State aid SA.33963 (2012/C) (ex 2012/NN) implemented by France in favour of Angoulême Chamber of Commerce and Industry, SNC-Lavalin, Ryanair and Airport Marketing Services
- (notified under document C(2014) 5080)
- (Only the French text is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 2.
- THE FACTS
- 2.1.
- Operators and owners of the airport infrastructure
- 2.2.
- Airport characteristics and traffic
- 3.
- DETAILED DESCRIPTION OF THE MEASURES
- 3.1.
- Financial support for the airport
- 3.1.1.
- Contractual framework for subsidies to the airport
- 3.1.2.
- Investments in infrastructure
- 3.1.3.
- Financing of the costs associated with state tasks
- 3.1.4.
- Operating subsidies
- 3.2.
- Fee framework for Angoulême airport
- 3.3.
- Relations with Ryanair
- 3.3.1.
- Contracts concluded with Ryanair and Airport Marketing Services
- 3.3.2.
- Airport Services Agreement
- 3.3.3.
- Marketing Services Agreement
- 3.3.4.
- Implementation of the agreement by SMAC, Angoulême CCI and Ryanair/AMS
- 4.
- GROUNDS FOR INITIATING THE FORMAL INVESTIGATION PROCEDURE
- 5.
- COMMENTS BY FRANCE
- 5.1.
- Financial support for the airport
- 5.1.1.
- On the classification as aid
- 5.1.1.1.
- On the concept of economic activity
- (a) Entities operating the airport
- (b) Legal basis for assessing the public financing of infrastructure
- (c) Prerogatives of a public authority
- 5.1.1.2.
- Existence of a selective advantage
- 5.1.1.3.
- Effect on competition and trade
- 5.1.2.
- Compatibility with the internal market
- 5.1.2.1.
- Compatibility under Article 106(2) TFEU
- (a) Period under the management of Angoulême CCI and Angoulême CCI associated with SMAC
- (i) Existence of entrustment
- (ii) Amount of compensation
- (b) Period under the management of SNC-Lavalin and SMAC
- (i) Existence of entrustment
- (ii) Amount of compensation
- 5.1.2.2.
- Compatibility under Article 107(3)(c) TFEU
- (a) Infrastructure investments
- (i) Clearly defined objective of general interest (criterion 1)
- (ii) The investments are necessary and proportional to the objective which has been set (criterion 2)
- (iii) Satisfactory medium-term prospects for use (criterion 3)
- (iv) Equal and non-discriminatory access to infrastructure (criterion 4)
- (v) Absence of effect on trade contrary to the common interest (criterion 5)
- (vi) Necessity and proportionality of the aid (criterion 6)
- (b) Operational financing
- 5.2.
- Relations with Ryanair
- 5.2.1.
- On the classification as aid
- 5.2.2.
- Compatibility with the internal market
- 5.3.
- The new guidelines
- 6.
- COMMENTS BY THIRD PARTIES
- 6.1.
- Comments by Air France
- 6.2.
- Comments by Ryanair
- 6.2.1.
- State resources and imputability
- 6.2.1.1.
- Presence of state resources
- 6.2.1.2.
- Imputability of the measures to the state
- 6.2.2.
- Selective advantage
- 6.2.2.1.
- Joint assessment of an economic benefit granted to Ryanair and AMS
- 6.2.2.2.
- Joint assessment of the Airport Services Agreement and the Marketing Services Agreement
- 6.2.2.3.
- Principle of a prudent investor in a market economy
- (a) Business plan
- (b) Remarks on the conditions for applying the market economy investor principle (MEIP)
- (c) Application of the market economy investor principle
- (d) Comments relating to the payments to AMS
- 6.3.
- Comments by AMS
- 6.3.1.
- Joint assessment of an economic benefit granted to Ryanair and AMS
- 6.3.2.
- Joint assessment of the Airport Services Agreement and the Marketing Services Agreement
- 6.3.3.
- Criterion of a prudent investor in a market economy
- 6.3.3.1.
- Existence of an advantage in favour of AMS
- 6.3.3.2.
- The relationship between AMS services and the needs of its customers
- 6.3.3.3.
- The price of services provided by AMS
- 6.4.
- Comments by Transport & Environment
- 7.
- COMMENTS BY FRANCE ON THE COMMENTS BY INTERESTED PARTIES
- 8.
- ASSESSMENT OF THE AID MEASURES IN FAVOUR OF THE SUCCESSIVE AIRPORT MANAGERS
- 8.1.
- Existence of aid within the meaning of Article 107(1) TFEU
- 8.1.1.
- Concepts of undertaking and economic activity
- 8.1.1.1.
- Entities engaged in the economic activity of operating the airport
- 8.1.1.2.
- Exercise of public powers
- (a) National system for financing state tasks in French airports
- (b) Evaluation of the general system for financing state tasks entrusted to French airports
- 8.1.2.
- State resources and imputability to the state
- 8.1.2.1.
- Presence of state resources
- 8.1.2.2.
- Imputability of the measures to the state
- 8.1.3.
- Selective advantage for the airport operators
- 8.1.3.1.
- Definition of the service of general economic interest (first condition)
- (a) Framework for analysis
- (b) Scope of the SGEI
- (c) Existence of entrustment
- (i) The period 2002-06
- (ii) The period 2007-2011
- (iii) Period starting on 1 January 2012
- 8.1.3.2.
- Selection of the service provider (fourth condition)
- (a) First sub-criterion
- (i) Periods 2002-06 and 2007-2011
- (ii) Period starting on 1 January 2012
- (b) Second sub-criterion
- 8.1.4.
- Effect on intra-EU trade and competition
- 8.1.5.
- Conclusion on the existence of aid
- 8.2.
- Compatibility with the internal market of the measures in favour of the airport operators
- 8.2.1.
- Compatibility of the aid granted to the airport operators
- 8.2.1.1.
- Condition of scope
- 8.2.1.2.
- Condition of entrustment (Article 4 of the 2011 SGEI Decision)
- 8.2.1.3.
- Condition of compensation (Articles 5 and 6 of the 2011 SGEI Decision)
- (a) Periods 2002-2006 and 2007-2011
- (b) Period starting on 1 January 2012
- 8.2.2.
- Conclusion on the compatibility of the aid between 2002 and 2017
- 9.
- ASSESSMENT OF THE AID MEASURES IN FAVOUR OF RYANAIR AND AMS
- 9.1.
- Existence of aid within the meaning of Article 107(1) TFEU
- 9.1.1.
- Concepts of undertaking and economic activity
- 9.1.2.
- State resources and imputability to the state
- 9.1.2.1.
- Presence of state resources
- 9.1.2.2.
- Imputability of the measures to the state
- 9.1.3.
- Selective advantage
- 9.1.3.1.
- Joint analysis of the Marketing Services Agreement and the Airport Services Agreement
- 9.1.3.2.
- The benefits that an MEO could have expected to gain from the marketing services agreements and the price that it would have been willing to pay for these services
- 9.1.3.3.
- The comparability of Angoulême airport to other European airports
- 9.1.3.4.
- Conclusion on the method used for the application of the market economy investor principle
- 9.1.3.5.
- Application of the market economy operator principle
- (a) Time-frame
- (b) Incremental traffic and forecast number of turnarounds
- (c) Incremental revenues
- (d) Incremental costs
- (e) Presentation of the results regarding the agreements concluded with Ryanair and AMS
- 9.1.4.
- Effect on trade and competition
- 9.1.5.
- Conclusion on the existence of aid
- 9.2.
- Compatibility with the internal market
- 9.3.
- Conclusion
- 10.
- GENERAL CONCLUSION
- 11.
- RECOVERY
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
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