2013/150/EU: Commission Decision of 9 January 2012 SA.30584 (C 38/10, ex NN 69/10) on the State aid implemented by Hungary in favour of Malév Hungarian Airlines Zrt. (notified under document C(2011) 9316) Text with EEA relevance
2013/150/EU: Commission Decision of 9 January 2012 SA.30584 (C 38/10, ex NN 69/10) on the State aid implemented by Hungary in favour of Malév Hungarian Airlines Zrt. (notified under document C(2011) 9316) Text with EEA relevance
Decision · 6 articles
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
The following measures granted by Hungary to Malév Hungarian Airlines Zrt. constitute State aid within the meaning of Article 107(1) TFEU:
(a)
Measure 1: The taking over on 31 December 2007 by the state-owned MAVA of a loan granted to Malév by MFB, a 100 % state-owned development bank, in 2003;
(b)
Measure 2: The provision of a HUF 4,3 billion "cash facility" for one year in the context of a planned (subsequently failed) purchase by MNV of Malév's GH subsidiary;
(c)
Measure 3: All overdue tax and social security debt from July 2008 to March 2010 and the deferral of different tax and social security payments as from July 2008;
(d)
Measure 4: In February 2010, a capital increase by MNV of HUF 25,4 billion (partly realised by injecting fresh capital of HUF 20,7 billion and partly through a debt-to-equity swap of the advanced payment for GH of HUF 4,7 billion HUF);
(e)
Measure 5: From May to August 2010, three shareholder loans totalling HUF 9,2 billion granted to Malév by MNV plus interest due but not paid;
(f)
Measure 6: In September 2010, the conversion of the shareholder loans (along with the interest owed thereon) referred to in Article 1(e) from debt to equity in the amount of HUF 9,4 billion;
(g)
Measure 7: In September 2010, a further capital increase in the amount of HUF 5,3;
(h)
Measure 8: In September 2010, a further shareholder loan in the amount of HUF 5,7 billion, plus interest due but not paid.
The State aid measures referred to in Article 1 unlawfully granted by Hungary in breach of Article 108(3) TFEU in favour of Malév Hungarian Airlines Zrt. are incompatible with the internal market.
1. Hungary shall recover the aid referred to in Article 1 from the beneficiary.
2. The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiary until their actual recovery.
3. The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004.
1. Recovery of the aid referred to in Article 2(3) shall be immediate and effective.
2. Hungary shall ensure that this Decision is implemented within four months following the date of notification of this Decision.
1. Within two months following notification of this Decision, Hungary shall submit the following information to the Commission:
(a)
the total amount (principal and recovery interests) to be recovered from the beneficiary;
(b)
a detailed description of the measures already taken and planned to comply with this Decision;
(c)
documents demonstrating that the beneficiary has been ordered to repay the aid.
2. Hungary shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 2(3) with interest has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiary.
