Commission Decision (EU) 2016/633 of 23 July 2014 on State aid SA.33961 (2012/C) (ex 2012/NN) implemented by France in favour of Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry, Veolia Transport Aéroport de Nîmes, Ryanair Limited and Airport Marketing Services Limited (notified under document C(2014) 5078) (Only the French text is authentic)Text with EEA relevance

• CELEX: Decision (EU) 2016/633
• Articles: 7

Article 1

1.   The following measures, which contain State aid unlawfully granted by France to Ryanair in breach of Article 108(3) of the Treaty on the Functioning of the European Union, are incompatible with the internal market:

(a)

the transaction amending the agreement signed on 11 April 2000 between the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry and Ryanair, consisting of the correspondence exchanged between the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry and Ryanair dated 28 November 2001, 11, 18, 21 and 24 December 2001, and 2, 5 and 15 February 2002;

(b)

the transaction amending the agreement signed on 11 April 2000 between the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry and Ryanair, consisting of the correspondence exchanged between the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry and Ryanair dated 10 and 16 March 2004.

2.   The following measures, which contain State aid unlawfully granted by France jointly to Ryanair and Airport Marketing Services in breach of Article 108(3) of the Treaty on the Functioning of the European Union, are incompatible with the internal market:

(a)

the airport services agreement signed on 10 October 2005 between the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry and Ryanair and the marketing services agreement signed on the same date between the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry and Airport Marketing Services;

(b)

the airport services agreement signed on 2 January 2007 between Veolia Transport Aéroport de Nîmes and Ryanair and the marketing services agreement signed on the same date between Veolia Transport Aéroport de Nîmes and Airport Marketing Services;

(c)

the amendment of 1 August 2007 to the marketing services agreement signed on 2 January 2007 between Veolia Transport Aéroport de Nîmes and Airport Marketing Services;

(d)

the airport services agreement signed on 1 November 2007 between Veolia Transport Aéroport de Nîmes and Ryanair and the marketing services agreement signed on the same date between Veolia Transport Aéroport de Nîmes and Airport Marketing Services;

(e)

the airport services agreement signed on 27 August 2008 between Veolia Transport Aéroport de Nîmes and Ryanair and the marketing services agreement signed on the same date between Veolia Transport Aéroport de Nîmes and Airport Marketing Services;

(f)

the amendment of 25 August 2009 to the airport services agreement signed on 27 August 2008 between Veolia Transport Aéroport de Nîmes and Ryanair and the amendment of 25 August 2009 to the marketing services agreement signed on 27 August 2008 between Veolia Transport Aéroport de Nîmes and Airport Marketing Services;

(g)

the amendment of 18 August 2010 to the marketing services agreement signed on 27 August 2008 between Veolia Transport Aéroport de Nîmes and Airport Marketing Services;

(h)

the amendment of 30 November 2010 to the marketing services agreement signed on 27 August 2008 between Veolia Transport Aéroport de Nîmes and Airport Marketing Services.

Article 2

1.   The agreement signed on 11 April 2000 between Ryanair and the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry does not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

2.   The amendment of 30 January 2006 to the marketing services agreement signed on 10 October 2005 between the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry and Airport Marketing Services does not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

3.   The amendment of 17 October 2006 to the marketing services agreement signed on 10 October 2005 between the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry and Airport Marketing Services does not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

Article 3

1.   The repayable advances granted by the general arm of the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry to its airport arm from 2002 to 2006 constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union. This State aid was unlawfully granted by France in breach of Article 108(3) of the Treaty on the Functioning of the European Union.

2.   The exceptional operating subsidies granted by various local authorities and the general arm of the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry to the airport arm of the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry from 2005 to 2006 constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union. This State aid was unlawfully granted by France in breach of Article 108(3) of the Treaty on the Functioning of the European Union.

3.   The flat-rate contribution, as established for the benefit of Veolia Transport Aéroport de Nîmes by the public service delegation agreement signed on 8 December 2006 by the Syndicat mixte pour l’aménagement et le développement de l’aéroport de Nîmes-Alès-Camargue-Cévennes and Veolia Transport and as increased by Amendments Nos 1 and 3 to this agreement, constitutes State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union. This State aid was unlawfully granted by France in breach of Article 108(3) of the Treaty on the Functioning of the European Union.

4.   The specific public contribution, as established for the benefit of Veolia Transport Aéroport de Nîmes by Amendment No 4 to the agreement referred to in paragraph 3, constitutes State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union. This State aid was unlawfully granted by France in breach of Article 108(3) of the Treaty on the Functioning of the European Union.

5.   Amendment No 2 to the agreement referred to in paragraph 3 does not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

6.   The equipment subsidies established by Amendment No 4 to the agreement referred to in paragraph 3 do not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

7.   The subsidies granted to the Nîmes-Uzès-Le Vigan Chamber of Commerce and Industry and to Veolia Transport Aéroport de Nîmes under the national system for financing sovereign tasks in French airports do not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

8.   The State aid referred to in paragraphs 1 to 4 of this Article is compatible with the internal market on the basis of Article 107(3)(c) of the Treaty on the Functioning of the European Union.

Article 4

1.   France shall recover the State aid referred to in Article 1 from the beneficiaries. Ryanair and Airport Marketing Services are jointly and severally responsible for repaying the aid referred to in Article 1(2).

2.   The amounts to be recovered shall bear interest from the date on which they were placed at the disposal of the beneficiaries to the date of their effective 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  ( 226 ) amending Regulation (EC) No 794/2004.

4.   France shall cancel all outstanding payments of the aid referred to in Article 1 with effect from the date of adoption of this Decision.

Article 5

1.   Recovery of the aid referred to in Article 1 shall be immediate and effective.

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

Article 6

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

(a)

aid amounts to be recovered under Article 4;

(b)

calculation of recovery interest;

(c)

a detailed description of the measures already taken and planned for the purpose of complying with this Decision;

(d)

documents proving that the beneficiaries have been ordered to repay the aid.

2.   France shall keep the Commission regularly 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. At the Commission’s request, it shall immediately submit information on the measures already taken and planned for the purpose of complying with this Decision. It shall also provide detailed information concerning the aid amounts and interest already recovered from the beneficiaries.

Article 7

This Decision is addressed to the French Republic.