Commission Decision (EU) 2017/639 of 30 September 2016 on State aid SA.23216 — C 54/07 (ex NN 55/07) to Emsländische Eisenbahn GmbH, Germany (notified under document C(2016) 6232) (Text with EEA relevance. )
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 ↗
The initial capital endowment and 280 310 shares of the energy company RWE constitute existing aid pursuant to Article 108(1) of the Treaty on the Functioning of the European Union and Article 1(b)(iv) of Council Regulation (EC) No 659/1999 ( 51 ) .
The dividends Emsländische Eisenbahn GmbH received from the shares, the compensation for the coordination of school transport services and for drawing up the local transport scheme (Nahverkehrsplan) do not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.
In so far as the compensation Emsländische Eisenbahn GmbH received for running the Mobility Centre Emsland the aid is compatible with the internal market within the meaning of Article 93 of the Treaty on the Functioning of the European Union and Article 3(2) of Regulation (EEC) No 1107/70.
1. In so far as the busses transferred to Emsländische Eisenbahnen GmbH constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union, the aid is compatible with the internal market within the meaning of Article 93 of the Treaty on the Functioning of the European Union and Article 3(2) of Regulation (EEC) No 1107/70, subject to the commitment of Germany set out in paragraph 2. 2. The call-busses are used for the call-a-bus service. If EEB was to sell one of the busses, EEB is obliged to return the proceeds to the Landkreis Emsland .
The aid which Germany has implemented by the transfer of 37 630 RWE shares to Emsländische Eisenbahn GmbH in 1998 is compatible with the internal market subject to the conditions set out in Article 6.
1. The shares shall not be used as collateral or sold, unless the conditions set out in paragraph 2 are met. 2. Within two months from the adoption of this Decision, Emsländische Eisenbahn GmbH shall sign an agreement with the Landkreis Emsland regarding the RWE shares. The agreement shall confirm that: — the RWE shares may not be used as collateral or in any other form to the benefit of EEBs economic activities. — any dividends resulting from the RWE shares will be paid back to the Landkreis Emsland by EEB. — any proceeds EEB would obtain from selling the RWE shares will be paid back to the Landkreis Emsland .
Germany shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
This Decision is addressed to the Federal Republic of Germany.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.