Commission Decision (EU) 2024/2467 of 13 February 2024 on the measures State aid SA.52162 (2019/C) (ex 2018/FC) – Denmark and State aid SA.52617 (2019/C) (ex 2018/FC) – Sweden implemented by Denmark and Sweden for Øresundsbro Konsortiet (notified under document C(2024) 959)

• CELEX: Decision (EU) 2024/2467
• Articles: 8

Article 1

The 2002-2012 LCF and the 1991-1998 DEP do not constitute State aid, within the meaning of Article 107(1) the Treaty on the Functioning of the European Union.

Article 2

The State guarantee model, granted by the States, as well as the 1991-2001 LCF, granted by Denmark, constitute State aid, within the meaning of Article 107(1) the Treaty on the Functioning of the European Union, to the single undertaking of A/S Øresund and the Consortium, and, therefore, to the Consortium. That aid constitutes existing aid.

Article 3

The advantages deriving from the 1999-2007 DEP granted by Denmark constitute State aid, within the meaning of Article 107(1) the Treaty on the Functioning of the European Union, to the single undertaking of A/S Øresund and the Consortium, and, therefore, to the Consortium. That aid constitutes existing aid to the extent that it was granted before 21 February 2004.

Article 4

The advantages deriving from the 1999-2007 DEP, insofar as they were granted as from 21 February 2004, the advantages deriving from the 2008-2015 DEP, and the advantages deriving from the 2013-2015 LCF constitute State aid, within the meaning of Article 107(1) the Treaty on the Functioning of the European Union, to the single undertaking of A/S Øresund and the Consortium, and therefore to the Consortium. That aid constitutes new aid that was unlawfully put into effect by Denmark in breach of Article 108(3) of the Treaty on the Functioning of the European Union, and is incompatible with the internal market.

Article 5

(1)   Denmark shall recover the aid referred to in Article 4 from the single undertaking of A/S Øresund and the Consortium.

(2)   The sums to be recovered shall bear interest from the date on which they were put at the disposal of the single undertaking of A/S Øresund and the Consortium until their actual recovery.

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

Article 6

(1)   Recovery of the aid granted referred to in Article 4 shall be immediate and effective.

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

Article 7

(1)   Within two months following notification of this Decision, Denmark shall submit the following information:

(a)

the total amount of aid, referred to in Article 4, received by the single undertaking of A/S Øresund and the Consortium;

(b)

the total amount (principal and recovery interest) to be recovered from the single undertaking of A/S Øresund and the Consortium;

(c)

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

(d)

documentation demonstrating that the single undertaking of A/S Øresund and the Consortium has been ordered to repay the aid.

(2)   Denmark shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid granted referred to in Article 4 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 single undertaking of A/S Øresund and the Consortium.

Article 8

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