Commission Decision (EU) 2024/1675 of 16 February 2024 on the State aid SA.62829 (2023/C) implemented by Romania for Blue Air Aviation SA (notified under document C(2024) 910)

• CELEX: Decision (EU) 2024/1675
• Articles: 6

Article 1

The transfer of 75 % of the shares of Blue Air Aviation SA to Romania does not constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

Article 2

The ad hoc State aid consisting of the State guarantee totalling RON 163,8 million (EUR 33,84 million) unlawfully kept in place in favour of Blue Air Aviation SA by Romania in breach of Article 108(3) of the Treaty on the Functioning of the European Union is incompatible with the internal market.

Article 3

1.   Romania shall recover the incompatible aid referred to in Article 2 from the beneficiary.

2.   The sums to be recovered shall bear interest from the date on which the aid became unlawful on 22 April 2021 until their actual recovery.

3.   The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004  ( 19 ) and with Commission Regulation (EC) No 271/2008  ( 20 ) amending Regulation (EC) No 794/2004.

4.   Romania shall cancel all outstanding payments of aid referred to in Article 2 with effect from the date of notification of this Decision.

Article 4

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

2.   Romania shall ensure that this Decision is implemented within four months following the date of notification of this Decision.

Article 5

1.   Within two months following notification of this Decision, Romania shall submit the following information:

(a)

the total amount (principal and recovery interests) to be recovered from the beneficiary;

(b)

a detailed description of the measures already taken and planned to comply with this Decision; and

(c)

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

2.   Romania shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 2 has been completed. It shall immediately submit, on simple request 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 recovery interest already recovered from the beneficiary.

Article 6

This Decision is addressed to the Republic of Romania.

The Commission may publish the amounts of aid and recovery interest recovered in application of this decision, without prejudice to Article 30 of Council Regulation (EU) 2015/1589.