INHALT

2009/611/EC: Commission Decision of 8 July 2008 concerning the measures C 58/02 (ex N 118/02) which France has implemented in favour of the Société Nationale Maritime Corse-Méditerranée (SNCM) (notified under document C(2008) 3182) (Text with EEA relevance)

COMMISSION DECISION
of 8 July 2008
concerning the measures C 58/02 (ex N 118/02) which France has implemented in favour of the Société Nationale Maritime Corse-Méditerranée (SNCM)
(notified under document C(2008) 3182)
(Only the French text is authentic)
(Text with EEA relevance)
(2009/611/EC)
1.
PROCEDURE
2.
IDENTIFICATION OF THE RECIPIENT OF THE MEASURES COVERED BY THIS DECISION
3.
COMPETITIVE ENVIRONMENT
3.1.
Services to Corsica
Diagram 1
Number of passengers transported per season (May-September) between mainland France and Corsica — 2000 to 2007 seasons
3.2.
Services to the Maghreb
4.
DESCRIPTION OF THE MEASURES COVERED BY THIS DÉCISION
4.1.
The 2002 recapitalisation of SNCM
4.1.1.
Description
4.1.2.
Determination of the amount of the recapitalisation
4.2.
Measures subsequent to the 2002 recapitalisation
4.2.1.
Preliminary remark
4.2.2.
Measures subsequent to the 2002 recapitalisation
5.
SUBJECT MATTER OF THE PRESENT DECISION
6.
GROUNDS LEADING TO THE ADOPTION OF THE COMMISSION DECISIONS OF 2002 AND 2006
6.1.
Initiation of the 2002 formal investigation procedure
6.2.
The extension of the 2006 formal investigation procedure
7.
POSITION OF THE FRENCH AUTHORITIES
7.1.
The 2002 recapitalisation
7.1.1.
The sum of EUR 53,48 million in the light of the
Altmark
case
7.1.1.1.
Fulfilment of the four Altmark criteria
7.1.1.2.
The compatibility of the amount of EUR 53,48 million in the light of Article 86(2) EC
7.1.2.
The balance notified for restructuring aid
7.2.
Measures subsequent to the 2002 recapitalisation
7.2.1.
The negative transfer price of SNCM
7.2.2.
The joint capital contribution of the shareholders
7.2.3.
The additional social measures (aid to individuals)
7.2.4.
Conclusion
7.3.
The lifting of the restrictions placed by the annulled decision of 2003
8.
COMMENTS OF INTERESTED PARTIES
8.1.
The decision to initiate the 2002 formal investigation procedure
8.1.1.
Comments of Corsica Ferries (CFF)
8.1.2.
Comments of the Stef-TFE group
(92)
8.1.3.
Comments of representatives of local authorities
8.1.4.
Comments of the Corsica Transport Office
8.2.
The decision to extend the procedure of 2006
8.2.1.
Comments of Corsica Ferries (CFF)
8.2.1.1.
The 2002 recapitalisation
8.2.1.2.
Measures subsequent to the 2002 recapitalisation
8.2.2.
Comments of STIM d’Orbigny (Stef-TFE group)
8.2.2.1.
The 2002 recapitalisation
8.2.2.2.
Measures subsequent to the 2002 recapitalisation
8.2.2.3.
Compatibility with the 2004 guidelines
8.2.3.
Comments of SNCM
9.
OBSERVATIONS OF FRANCE ON THE COMMENTS OF THE INTERESTED PARTIES
9.1.
Observations of France on the comments of the interested parties concerning the decision to open the 2002 formal investigation procedure
9.1.1.
The comments of Corsica Ferries
9.1.2.
Comments of Stef-TFE
9.1.3.
Observations of France on the comments of the representatives of the local authorities
9.2.
Observations of France on the comments of the interested parties concerning the 2006 decision
9.2.1.
The early implementation of the measures laid down in the first restructuring plan and its amendments
9.2.2.
The 2002 recapitalisation
9.2.3.
Measures subsequent to the 2002 recapitalisation
9.2.4.
Compatibility with the guidelines
9.2.5.
The conditions imposed by the Commission decision of 2003 and the possible new compensatory measures
10.
ASSESSMENT OF THE MEASURES
10.1.
The capital contribution of EUR 53,48 million for public service compensation
10.1.1.
Introductory remarks
10.1.2.
Existence of an economic advantage in the light of the
Altmark
case-law
10.1.3.
Compatibility with the common market of the measure in question pursuant to Article 86(2) EC
10.1.4.
Conclusion
10.2.
The disposal of SNCM at a negative sale price of EUR 158 million
10.2.1.
Legal framework
10.2.2.
Application to the present case
10.2.2.1.
Observance of the principle of the private shareholder in a market economy
10.2.2.2.
Consequences of a compulsory liquidation of SNCM
(a)
A possible order against the State ‘en comblement de passif’
(i)
Acknowledgment of the State as director at law or in fact of the undertaking in compulsory liquidation
(164)
(ii)
The existence of one or more acts of mismanagement by the French State, de facto managing the undertaking in compulsory liquidation
(iii)
The finding of a shortfall in assets
(iv)
The existence of a causal link between the mismismanagement and the state shortfall in assets
(b)
The estimate of the total cost of the compulsory liquidation of SNCM
10.2.2.3.
Conclusion
10.3.
The capital contribution of CGMF of EUR 8,75 million
10.3.1.
Legal framework
10.3.2.
Application to the present case
10.4.
Measures involving aid to individuals (EUR 38,5 million)
10.4.1.
Legal framework
10.4.2.
Application to the present case
10.5.
The balance of EUR 22,52 million notified as restructuring aid
10.5.1.
Compatibility of the measure with the Community Guidelines on rescue aid and restructuring aid
10.5.2.
Continuation of compensatory measures
10.5.3.
Conclusion
11.
CONCLUSION
Article 1
Article 2
ANNEX I
OPERATIVE PART OF THE 2003 DECISION
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
ANNEX II
TABLE 3 OF THE 2003 DECISION