Commission Decision (EU) 2016/789 of 1 October 2014 on the State aid SA.21121 (C29/08) (ex NN 54/07) implemented by Germany concerning the financing of Frankfurt Hahn airport and the financial relations between the airport and Ryanair (notified under document C(2014) 6853) (Text with EEA relevance)

• CELEX: Decision (EU) 2016/789
• Articles: 4

Article 1

1.   The State aid, unlawfully put into effect by Germany in breach of Article 108(3) of the Treaty in favour of Flughafen Frankfurt Hahn GmbH between 2001 and 2012 by means of capital increases in 2001 amounting to EUR 27 million, capital increases in 2004 amounting to EUR 22 million and direct grants by Land Rhineland-Palatinate (to the extent that those grants were not purely related to public policy remit activities and did not to cover investments irrevocably decided prior 12 December 2000) is compatible with the internal market.

2.   The capital increase in 2004 by Fraport AG and the profit and loss transfer agreement of 2004 do not constitute aid within the meaning of Article 107(1) of the Treaty.

Article 2

1.   The agreement between Ryanair and Flughafen Frankfurt Hahn GmbH , which entered into force on 1 April 1999, does not constitute aid within the meaning of Article 107(1) of the Treaty.

2.   The agreement between Ryanair and Flughafen Frankfurt Hahn GmbH dated 14 February 2002 does not constitute aid within the meaning of Article 107(1) of the Treaty.

3.   The ‘Agreement Ryanair/Flughafen Frankfurt-Hahn GmbH — Delivery of aircraft 6 to 18 — year 2005 to year 2012’ of 4 November 2005 does not constitute aid within the meaning of the Article 107(1) of the Treaty.

Article 3

The schedules of airport charges, which entered into force on 1 October 2001 and on 1 June 2006, do not constitute aid within the meaning of the Article 107(1) of the Treaty.

Article 4

This Decision is addressed to the Federal Republic of Germany.