Commission Decision (EU) 2015/1586 of 26 February 2015 on measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo airport (notified under document C(2015) 1281) (Text with EEA relevance)

• CELEX: Decision (EU) 2015/1586
• Articles: 7

Article 1

Decision 2014/883/EU is withdrawn.

Article 2

1.   The capital injections in favour of Gdynia-Kosakowo Airport Ltd between 28 August 2007 and 17 June 2013 constitute State aid which has been unlawfully put into effect by Poland in breach of Article 108(3) of the Treaty on the Functioning of the European Union and which is incompatible with the internal market, except in so far as these capital injections were spent on investments necessary to carry out the activities that according to Decision C(2013) 4045 final must be considered as falling within the public policy remit.

2.   The capital injections which Poland is planning to implement in favour of Gdynia-Kosakowo Airport Ltd after 17 June 2013 for the conversion of the Gdynia-Kosakowo military airfield into a civil aviation airport constitute State aid which is incompatible with the internal market. The State aid may accordingly not be implemented.

Article 3

1.   Poland shall recover the aid referred to in Article 2(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. The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004  ( 83 ) .

3.   Poland shall cancel all outstanding payments of the aid referred to in Article 2(2) with effect from the date of notification of this Decision.

Article 4

1.   Recovery of the aid referred to in Article 2(1) and the interest referred to in Article 3(2) shall be immediate and effective.

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

Article 5

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

a)

the total amount (principal and recovery interest) 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.   Poland 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(1) and the interest referred to in Article 3(2) 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 interest already recovered from the beneficiary.

Article 6

This Decision is addressed to the Republic of Poland.

Schedules & Appendices

ANNEX

ANNEX

INFORMATION ABOUT THE AMOUNTS OF AID RECEIVED, TO BE RECOVERED AND ALREADY RECOVERED

Identity of the beneficiary

Total amount of aid received  ( *1 )

Total amount of aid to be recovered  ( *1 ) (Principal)

Total amount already reimbursed  ( *1 )

Principal

Recovery interest

( *1 )   Million of national currency.