Commission Decision (EU) 2024/3021 of 9 September 2024 on the measures SA.43260 (2018/C) implemented by Germany in favour of Flughafen Frankfurt-Hahn GmbH and Ryanair DAC (notified under document C(2024) 6468)

• CELEX: Decision (EU) 2024/3021
• Articles: 6

Article 1

The airport service agreements of 2013, 2015 and 2016 between FFHG and Ryanair and the financing of a crew and pilot school and a maintenance hall to the benefit of Ryanair Germany has implemented do not constitute aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union (TFEU).

The guarantee granted by the Land Rhineland-Palatinate to FFHG that Germany has implemented is exempt from prior notification pursuant to Article 108(3) TFEU because it constitutes de minimis aid.

Article 2

The following measures unlawfully put into effect by Germany in breach of Article 108(3) TFEU in favour of FFHG and Ryanair are incompatible with the internal market:

(a)

State aid of an amount of EUR 1,25 million granted to FFHG in 2016 as a result of the 2016 withdrawal of the ‘housing’ plot from the 2014 land sale agreement;

(b)

State aid of an amount of EUR 220 427,64, EUR 639 146,04 and EUR 680 627,93, granted to Ryanair to finance training;

(c)

State aid granted to Ryanair under the marketing agreement of 2005 in the years 2005 to 2016 of an amount of EUR 11,2 million (see for the yearly breakdown above in Table 1) and under the marketing agreement of 2017 of an amount the German authorities still need to establish (EUR 350 000 for 2017 and up to EUR 1,2 million for each subsequent year).

Article 3

1.   Germany shall recover the aid referred to in Article 2 from the beneficiaries.

2.   The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiaries 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  ( 90 ) .

Article 4

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

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

Article 5

1.   Within 2 months following notification of this Decision, Germany shall submit the following information:

(a)

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

(b)

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

(c)

documents demonstrating that the beneficiaries have been ordered to repay the aid.

2.   Germany 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 beneficiaries.

Article 6

This Decision is addressed to the Bundesrepublik Deutschland.

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

If the decision contains confidential information which should not be published, please inform the Commission within 15 working days of the date of receipt. If the Commission does not receive a reasoned request by that deadline, you will be deemed to agree to publication of the full text of the decision. Your request specifying the relevant information should be sent electronically to the following address:

European Commission

Directorate-General for Competition

State Aid Greffe

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

[email protected]