98/337/EC: Commission Decision of 21 January 1998 concerning aid granted by the Flemish Region to the company Air Belgium and the tour operator Sunair in connection with the use of Ostend Airport (Only the Dutch and French texts are authentic) (Text with EEA relevance)
The two subsidies provided for by, respectively, paragraphs 2 and 4 of Article 3 of the contract concluded on 1 March 1994 between (a) the Flemish Region, and (b) the air transport operator Air Belgium NV and the tour operator Sunair NV, and claimed by Air Belgium NV for amounts of BEF 984 600 and BEF 270 116, constitute illegal State aid, since they were granted in breach of point (a) of Article 93(3) of the EC Treaty. The aid is incompatible with the common market within the meaning of Article 92 of the EC Treaty and Article 61 of the EEA Agreement.
Belgium is ordered to cancel payment of the two subsidies referred to in Article 1.
Within two months from notification of this Decision, Belgium shall inform the Commission of the action that it has taken in order to comply therewith.
The Commission has no objection to the payment of BEF 4,5 million to the tour operator Sunair NV in order that the Flemish Region may in general finance the advertising of the regional airports at Ostend and Antwerp, as provided for by paragraph 3, first indent, of Article 3 of the contract of 1 March 1994, referred to in Article 1 of this Decision.
The procedure concerning the exemption from landing and parking fees provided for in paragraph 1 and the final indent of paragraph 3 of Article 3 of the contract of 1 March 1994 referred to in Article 1 of this Decision is terminated.
This Decision is addressed to the Kingdom of Belgium.
Done at Brussels, 21 January 1998.
For the Commission
Neil KINNOCK
Member of the Commission
(1) OJ C 121, 25. 4. 1996, p. 8.
(2) [1977] ECR 596, at paragraph 21.
(3) OJ L 240, 24. 8. 1992, p. 1.
(4) OJ L 240, 24. 8. 1992, p. 8.
(5) OJ L 240, 24. 8. 1992, p. 15.
(6) Application of Articles 92 and 93 of the EC Treaty and Article 61 of the EEA Agreement to State aids in the aviation sector (OJ C 350, 10. 12. 1994, p. 5).
(7) See footnote 6, Chapter V(2).
(8) See footnote 6, Chapter III.
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