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

• CELEX: Decision (EU) 2015/1226
• Articles: 6

Article 1

1.   The payments made by the département of Charente, the Communauté d’agglomération du grand Angoulêm e and the Communauté des communes de Braconne Charente under the agreement of 23 May 2002 on the financing conditions for the operation and development of Angoulême Brie Champniers airport and by the Syndicat mixte des aéroports de Charente under the management subcontracting agreement of 22 January 2009 and the tender document of 8 August 2011 in favour of the Chamber of Commerce and Industry of Angoulême and SNC-Lavalin respectively constitute State aid within the meaning of Article 107(1) TFEU granted unlawfully by France, in breach of Article 108(3) TFEU.

2.   The payments made to Ryanair and Airport Marketing Services by the Syndicat mixte des aéroports de Charente pursuant to the airport services agreement and the marketing services agreement concluded on 8 February 2008 constitute State aid within the meaning of Article 107(1) TFEU granted unlawfully by France, in breach of Article 108(3) TFEU.

Article 2

1.   The payments made by the département of Charente, the Communauté d’agglomération du grand Angoulême and the Communauté des communes de Braconne Charente under the agreement of 23 May 2002 on the financing conditions for the operation and development of Angoulême Brie Champniers airport and by the Syndicat mixte des aéroports de Charente under the management subcontracting agreement of 22 January 2009 in favour of the Chamber of Commerce and Industry of Angoulême constitute State aid compatible with the internal market on the basis of Article 106(2) TFEU.

2.   The payments made by the Syndicat mixte des aéroports de Charente in favour of SNC-Lavalin under the tender document of 8 August 2011 are compatible with the internal market on the basis of Article 106(2) TFEU, provided that France demonstrates to the Commission that the total amount paid over the duration of the agreement does not exceed what is necessary to cover the net costs incurred through discharging the public service obligations alone, excluding any costs relating to the commercial development of the airport, including a reasonable rate of return on the capital invested.

3.   France shall communicate to the Commission, within four months of the expiry of the agreement concluded in 2011 between the Syndicat mixte des aéroports de Charente and SNC-Lavalin, a report showing that the amount of compensation granted to SNC-Lavalin, including a reasonable rate of return on the capital invested, complies with Article 5 of Decision 2012/21/EU throughout the duration of the agreement.

4.   The aid granted in favour of Ryanair and Airport Marketing Services by the Syndicat mixte des aéroports de Charente under the airport services agreement and the marketing services agreement concluded on 8 February 2008 with Ryanair and Airport Marketing Services is incompatible with the internal market.

Article 3

1.   France shall recover the aid referred to in Article 2(4) from the beneficiaries. Ryanair and Airport Marketing Services are jointly liable for repayment of the aid.

2.   The sums to be recovered shall bear interest from the date on which they were made available to the beneficiaries until the date of their actual recovery.

3.   The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004 and Commission Regulation (EC) No 271/2008  ( 197 ) amending Regulation (EC) No 794/2004.

4.   France shall cancel all outstanding payments of the aid referred to in Article 2(4) with effect from the date of adoption of this Decision.

Article 4

1.   The recovery of the aid specified in Article 2(4) shall be immediate and effective.

2.   France shall ensure that this Decision is implemented within four months following the date of its notification.

Article 5

1.   Within two months following notification of this Decision, France shall submit the following information to the Commission:

(a)

the amounts of aid to be recovered under Article 3;

(b)

a detailed description of the measures already taken and planned to comply with this Decision;

(c)

documents demonstrating that the beneficiaries have been given formal notice to repay the aid.

2.   France shall keep the Commission informed of the progress of the national measures taken to implement this Decision until the aid referred to in Article 2(4) has been fully recovered. At the Commission’s request, it shall immediately submit all information on the measures already adopted and planned for the purpose of complying with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the beneficiaries.

Article 6

This Decision is addressed to the French Republic.