Commission Decision (EU) 2023/1683 of 26 July 2022 on the measure SA.26494 2012/C (ex 2012/NN) implemented by France in favour of the operator of La Rochelle airport and certain airlines operating at that airport (notified under document C(2022) 5145) (Only the French text is authentic) (Text with EEA relevance)

• CELEX: Decision (EU) 2023/1683
• Articles: 7

Article 1

1.   The repayable advances granted by the general arm of the La Rochelle Chamber of Commerce and Industry to its airport arm from 2001 to 2012 constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union. This State aid was granted unlawfully by France in breach of Article 108(3) of the Treaty on the Functioning of the European Union.

2.   The underinvoicing of services provided by the general arm of the La Rochelle Chamber of Commerce and Industry to its airport arm from 2001 to 2005 constitutes State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union. This State aid was granted unlawfully by France in breach of Article 108(3) of the Treaty on the Functioning of the European Union.

3.   The financial contributions granted by the Department of Charente-Maritime, the Communauté d’Agglomération de La Rochelle and the Region of Poitou-Charentes to La Rochelle Airport for promotional work carried out by La Rochelle Airport constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union. This State aid was granted unlawfully by France in breach of Article 108(3) of the Treaty on the Functioning of the European Union.

4.   The investment grants granted by the General Council of Charente-Maritime, the Regional Council of Poitou-Charentes, the Communauté d’agglomération de La Rochelle and the ERDF between 2001 and 2005 constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union. This State aid was granted unlawfully by France in breach of Article 108(3) of the Treaty on the Functioning of the European Union.

5.   The remuneration for services supplied to Rochefort/Saint-Agnant Airport by the La Rochelle 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.

6.   The alleged under-invoicing of services provided by the general arm of the La Rochelle Chamber of Commerce and Industry to its airport arm from 2006 to 2012 does 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 by the FIATA to cover tasks falling under the public-authority remit performed by La Rochelle Airport 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 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 agreements concluded between the La Rochelle Chamber of Commerce and Industry and Ryanair respectively on 1 February 2007 and 13 January 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 agreement concluded between the La Rochelle Chamber of Commerce and Industry and Aer Arann for the Cork (Ireland) route does 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 agreement concluded between the La Rochelle Chamber of Commerce and Industry and Flybe on 18 March 2009 for the Glasgow (Scotland) route does not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

4.   The promotional measures and communication expenditure relating to the airline Buzz and mentioned in the CRC report do not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

5.   The alleged marketing services procured from easyJet mentioned in the CRC report do 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 following measures, which involve 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 December 2003 between the La Rochelle Chamber of Commerce and Industry and Ryanair and the marketing services agreement signed on 1 December 2003 between the La Rochelle Chamber of Commerce and Industry and Ryanair;

(b)

the marketing services agreement signed on 1 January 2004 between the La Rochelle Chamber of Commerce and Industry and Ryanair;

(c)

the airport services agreements signed on 1 May 2006 between the La Rochelle Chamber of Commerce and Industry and Ryanair and the marketing services agreements signed on 1 April 2006 between the La Rochelle Chamber of Commerce and Industry and Airport Marketing Services;

(d)

the amendment signed on 1 June 2007 to the marketing services agreement signed on 1 April 2006 between the La Rochelle Chamber of Commerce and Industry and Airport Marketing Services;

(e)

the marketing services agreement signed on 21 September 2007 between the La Rochelle Chamber of Commerce and Industry and Airport Marketing Services;

(f)

the marketing services agreements signed on 17 September 2009 between the La Rochelle Chamber of Commerce and Industry and Airport Marketing Services;

(g)

the amendment signed on 1 February 2010 to the airport services agreement signed on 13 January 2010 between the La Rochelle Chamber of Commerce and Industry and Ryanair and the marketing services agreement signed on 25 February 2010 between the La Rochelle Chamber of Commerce and Industry and Airport Marketing Services;

(h)

the amendment signed on 23 June 2010 to the marketing services agreement signed on 25 February 2010 between the La Rochelle Chamber of Commerce and Industry and Airport Marketing Services;

(i)

the amendment signed on 28 January 2011 to the airport services agreement signed on 13 January 2010 between the La Rochelle Chamber of Commerce and Industry and Ryanair and the amendment signed on 11 February 2011 to the marketing services agreement signed on 25 February 2010 between the La Rochelle Chamber of Commerce and Industry and Airport Marketing Services;

(j)

the amendment signed on 11 February 2011 to the marketing services agreement signed on 25 February 2010 between the La Rochelle Chamber of Commerce and Industry and Airport Marketing Services.

2.   The State aid unlawfully granted by France to Jet2 in breach of Article 108(3) of the Treaty on the Functioning of the European Union, under the airport and marketing services agreement signed on 4 July 2008 by the La Rochelle Chamber of Commerce and Industry with Jet2, is incompatible with the internal market.

Article 4

1.   France shall recover the State aid referred to in Article 3 from the beneficiaries. Ryanair and Airport Marketing Services are jointly and severally liable for repaying the aid referred to in Article 3(1).

2.   The amounts to be repaid shall bear interest from the date on which the aid was paid to the beneficiaries until the date on which it is effectively recovered.

3.   The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004 and Regulation (EC) No 271/2008 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 3 shall be immediate and effective.

2.   France shall ensure that this Decision is implemented within 4 months of the date of its notification.

Article 6

1.   Within 2 months of notification of this Decision, France shall submit 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 to comply with this Decision;

(d)

documents demonstrating that the beneficiaries have been given formal notice to repay the aid.

2.   France shall keep the Commission informed of the progress of the national measures adopted pursuant to this Decision until the aid referred to in Article 3 has been recovered in full. It shall immediately submit, on simply being asked by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the recipients.

Article 7

This Decision is addressed to the French Republic.