The State aid amounting to EUR 55727 which Austria intends to pay to an Austrian air carrier as compensation for losses sustained after 14 September 2001 following the closure of certain parts of airspace is not compatible with the common market.
The aid concerned may therefore not be paid.
However, the aid amounting to EUR 1983333 which Austria intends to pay to Austrian Airlines is compatible with the common market in accordance with Article 87(2)(b) of the Treaty.
Payment of this aid is therefore approved.
Austria shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with this Decision.
This Decision is addressed to the Republic of Austria.
Done at Brussels, 30 April 2003.
For the Commission
Loyola De Palacio
Vice-President
(1) OJ C 309, 12.12.2002, p. 5.
(2) See footnote 1.
(3) OJ L 240, 24.8.1992, p. 1.
(4) COM(2001) 574 final, 10.10.2001, available on: http://europa.eu.int/eur-lex/de/ com/cnc/2001/com2001_0574de01.pdf
(5) See similar Decisions concerning France (N 806/2001 of 30 January 2002), the United Kingdom (N 854/2001 of 12 March 2002) and Germany (N 269/2002 of 2 July 2002), available at:
http://europa.eu.int/comm/ secretariat_general/sgb/state_aids/ transports.htm
(6) OJ L 240, 24.8.1992, p. 8.
(7) In addition to the decisions referred to in footnote 5, see also the final negative Decision 2003/196/EC (OJ L 77, 24.3.2003, p. 61) concerning State aid C 42/2002 which France proposed to implement and which was intended to extend beyond 14 September 2001 the compensation for costs incurred initially authorised by Decision N 806/2001.