Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport (notified under document C(2014) 5063) (Text with EEA relevance)
Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport (notified under document C(2014) 5063) (Text with EEA relevance)
Decision (EU) 2016/152 · 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 ↗
1. The State aid, unlawfully put into effect by Germany in breach of Article 108(3) of the Treaty in favour of Flugplatz GmbH Aeroville Zweibrücken (‘FGAZ’)/ Flughafen Zweibrücken GmbH (‘FZG’) between 2000 and 2009 by means of direct investment grants, annual capital injections, the grant of a 100 % guarantee on a bank loan free of charge, and allowing FGAZ to participate in Land Rhineland-Pfalz's cash-pool, is incompatible with the internal market.
2. The State aid, unlawfully put into effect by Germany in breach of Article 108(3) of the Treaty in favour of Germanwings, TUIFly and Ryanair/AMS by means of the airport services agreements and marketing services agreements concluded on 15 September 2006 (Germanwings), 1 April 2008 (TUIFly), and 22 September 2008/6 October 2008 (Ryanair/Airport Marketing Services (‘AMS’)) is incompatible with the internal market.
1. The loan granted to FZG by Sparkasse Südwestpfalz does not constitute State aid.
2. The airport services agreement concluded by FZG with Germanwings on 30 June 2008 does not constitute State aid.
1. Germany shall recover the incompatible aid referred to in Article 1 from the beneficiaries.
2. FGAZ and FZG shall be jointly liable to repay the State aid received by either of them.
3. Ryanair and AMS shall be jointly liable to repay the State aid received by either of them.
4. The sums to be recovered are as follows:
(a)
in respect of the direct investment grants granted by the Land Rhineland-Palatinate and the ZEF in favour of FZG: EUR 20 564 170
granted between 12 December 2000 and 31 December 2009, minus the costs of fire brigade services and the costs for which the airport operator is entitled to reimbursement pursuant to §8(3) Luftsicherheitsgesetz to the extent that they were covered by the direct investment grants;
(b)
in respect of the annual capital injections granted by the Land Rhineland-Palatinate and the ZEF in favour of FGAZ: EUR 26 629 000
granted between 2000 and 2009, minus the costs of fire brigade services and the costs for which the airport operator is entitled to reimbursement pursuant to §8(3) Luftsicherheitsgesetz to the extent that they were covered by the annual capital injections, and minus those sums granted before 12 December 2000;
(c)
in respect of the 100 % guarantee on the loan granted by the Land Rhineland-Palatinate in favour of FZG: the cash-equivalent of the value of the guarantee, to be determined pursuant to the Commission Notice on the application of Article 87 and 88 of the EC Treaty to State aid in the form of guarantees;
(d)
in respect of the participation of FGAZ in the cash-pool of Land Rhineland-Palatinate: the cash-equivalent of the advantageous loan conditions, to be determined pursuant to the Communication from the Commission on the revision of the method for setting the reference and discount rates of 12 December 2007, minus any advantage received on loans that were used to cover the costs of fire brigade services and the costs for which the airport operator is entitled to reimbursement pursuant to §8(3) Luftsicherheitsgesetz ;
(e)
in respect of the airport services agreement concluded between Germanwings and FZG on 15 September 2006: the amount of incompatible aid;
(f)
in respect of the airport services agreement concluded between TUIFly and FZG on 1 April 2008: the amount of incompatible aid;
(g)
in respect of the airport services agreement and marketing services agreements concluded between Ryanair and FZG on 22 September 2008 and between AMS and the Land Rhineland-Palatinate on 6 October 2008: the amount of incompatible aid.
5. The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiaries until their actual recovery.
6. Germany shall provide the exact dates on which the aid provided by the State was put at the disposal of the respective beneficiaries.
7. The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004 ( 118 ) .
8. Germany shall cancel all outstanding payments of the aid referred to in Article 1 with effect from the date of adoption of this Decision.
1. Recovery of the aid referred to in Article 1 shall be immediate and effective.
2. Germany 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, Germany shall submit the following information:
(a)
the total amount of aid received by the beneficiaries, and in particular:
(i)
the amount of direct investment grants, capital injections, and the cash-equivalent of advantageous loans that covered the costs of fire brigade services and costs for which the airport operator is entitled to reimbursement pursuant to §8(3) LuftSiG;
(ii)
information on the creditworthiness of FGAZ/FZG when the 100 % guarantee was issued and when each loan from the cash-pool was provided, with a view to enabling the Commission to determine the cash-equivalent of the guarantee and the advantageous conditions of the cash-pool loans in line with the Commission Notice on the application of Article 87 and 88 of the EC Treaty to State aid in the form of guarantees and Communication from the Commission on the revision of the method for setting the reference and discount rates of 12 December 2007, respectively;
(b)
the total amount (principal and recovery interests) to be recovered from each beneficiary;
(c)
a detailed description of the measures already taken and planned to comply with this Decision;
(d)
documents demonstrating that the beneficiaries have been ordered to repay the aid.
2. Germany 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 1 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 beneficiaries.
