Commission Decision (EU) 2022/459 of 10 September 2021 on the State aid SA.49668 (2019/C) (ex 2017/FC) and SA.53403 (2019/C) (ex 2017/FC) implemented by Denmark and Sweden for PostNord AB and Post Danmark A/S (notified under document C(2021) 6568) (Only the Danish and Swedish versions are authentic) (Text with EEA relevance)

• CELEX: Decision (EU) 2022/459
• Articles: 7

Article 1

The State aid in the form of a capital injection from Sweden of SEK 400 million into PostNord AB unlawfully put into effect by Sweden in breach of Article 108(3) TFEU is incompatible with the internal market.

Article 2

The State aid in the form of a capital injection from Denmark of SEK 267 million into PostNord AB unlawfully put into effect by Denmark in breach of Article 108(3) TFEU is incompatible with the internal market.

Article 3

The capital injection into Post Danmark by PostNord Group AB does not constitute State aid within the meaning of Article 107(1) TFEU.

Article 4

1.   Sweden shall recover the incompatible aid referred to in Article 1 from the beneficiary of that aid.

2.   Denmark shall recover the incompatible aid referred to in Article 2 from the beneficiary of that aid.

3.   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.

4.   The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004  ( 107 ) and Commission Regulation (EC) No 271/2008  ( 108 ) .

Article 5

1.   Recovery of the aid referred to in Articles 1 and 2 shall be immediate and effective.

2.   Sweden and Denmark shall ensure that this Decision is implemented within 4 months following the date of notification of this Decision.

Article 6

1.   Within 2 months following the date of notification of this Decision, Sweden and Denmark 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 of those planned to be taken in order to comply with this Decision;

(c)

documents demonstrating that the beneficiary has been ordered to repay the aid.

2.   Sweden and Denmark shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid in accordance with Article 4 has been completed. On request by the Commission, it shall immediately submit information on the national measures already taken and on those planned to be taken in order to comply with this Decision, including detailed information on the amounts of aid and recovery interest already recovered from the beneficiary.

Article 7

This Decision is addressed to the Kingdom of Sweden and the Kingdom of Denmark.