Commission Decision (EU) 2023/105 of 26 July 2022 on the measures SA.33960 2012/C (ex 2012/NN) implemented by the French Republic in favour of the successive managers of Beauvais-Tillé airport and the airlines operating there (notified under document C(2022) 5076) (Only the French text is authentic) (Text with EEA relevance)

• CELEX: Decision (EU) 2023/105
• Articles: 3

Article 1

1.   The investment grants awarded by the Oise department, the Beauvaisis intermunicipal authority and the Region of Picardie to the Oise Chamber of Commerce and Industry in 2001 in the amount of EUR 1 110 669 and in 2006 in the amount of EUR 567 782, to cover the costs associated with the public-remit tasks of Beauvais airport, as well as the investment grants awarded to the Société Aéroportuaire de Gestion et d'Exploitation de Beauvais (Beauvais airport managing and operating company, SAGEB) by the Syndicat mixte de l’aéroport de Beauvais-Tillé in 2008, amounting to EUR 14,5 million, do not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

2.   The investment grants awarded by the Oise department, the Beauvaisis intermunicipal authority and the Region of Picardie to the Oise Chamber of Commerce and Industry in 2001 in the amount of EUR 3,20 million and in 2006 in the amount of EUR 6,23 million 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 operating subsidies granted to the Oise Chamber of Commerce and Industry, as well as the cash advances granted by the general arm of the Oise Chamber of Commerce and Industry to its airport arm before 12 December 2000, do not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

4.   The cash advances granted by the general arm of the Oise Chamber of Commerce and Industry to its airport arm from 2001 to 2004 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.

5.   The partial coverage by the Syndicat mixte de l’aéroport de Beauvais-Tillé of the expenditure relating to the implementation of a tourism development plan does not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

6.   The State aid referred to in paragraphs 2 and 4 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 2

1.   The airport services contracts concluded between the Oise Chamber of Commerce and Industry and Ryanair on 8 September 1998, 16 March 2001 and 12 February 2002 respectively, as well as the airport services contracts concluded by the Société Aéroportuaire de Gestion et d'Exploitation de Beauvais (Beauvais airport managing and operating company, SAGEB) with Ryanair on 4 February 2010 and 27 July 2010, do not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

2.   The airport services contracts concluded between the Oise Chamber of Commerce and Industry and Wizz Air on 11 June 2004 and 1 July 2005 respectively, as well as the airport services contracts concluded between the Société Aéroportuaire de Gestion et d'Exploitation de Beauvais (Beauvais airport managing and operating company, SAGEB) and Wizz Air on 1 June 2009, do not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

3.   The airport services contracts concluded by the Oise Chamber of Commerce and Industry with Goodjet on 14 December 2001, Ciaofly on 24 April 2002, Berlin Jet on 30 January 2003, Volare on 13 February 2003, Sterling on 15 July 2004, Norwegian Air Shuttle on 7 April 2005, Air Horizon on 12 July 2004, Air Polonia on 20 October 2004, Blue Air on 11 October 2005, FlyMe on 30 March 2006 and Centralwings on 18 February 2007 do not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

Article 3

This Decision is addressed to the French Republic.