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    Commission Decision (EU) 2016/2069 of 1 October 2014 concerning measures SA.14093... (32016D2069)
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    EU - Rechtsakte: 08 Competition policy
    (639) The Commission notes that traffic at Charleroi airport has increased more than fivefold since the aid was granted(230) (this growth is much higher than the average growth of airports), whereas traffic at Brussels airport in the point-to-point short- and medium-haul segment has stagnated since 2004. This confirms a posteriori that part of the growth at Charleroi airport has occurred to the detriment of growth at Brussels airport. The Commission also notes that the competitive impact of Charleroi airport has been especially significant since 2008 due to the increase in its capacity, which was particularly enabled by the investments made by SOWAER.
    (640) The Commission further notes that, since the beginning of 2014, Ryanair has been operating from Brussels airport, which is developing in the low-cost segment. Vueling was already operating from this airport. Competition between the two airports may therefore increase further in the future, as they are both likely to attract the same airlines and the same customer segments.
    (641) Based on this information, the Commission concludes that the aid has significantly distorted competition by reducing BSCA's operating costs through abnormally low concession fees. These distortions were certainly limited in the initial years after the measures in question were granted, i.e. in 2002 and 2003, given that the investments had not been made in full at that stage and that Charleroi airport's traffic was still limited, but they have increased subsequently and are now very significant.

    6.3.2.7.   

    Conclusion on the compatibility of the aid granted to BSCA on the basis of Article 107(3) TFEU

    (642) The Commission concludes that the aid granted to BSCA has contributed to regional economic development, but that it has had significant and increasing effects on the airports competing with Charleroi airport, and particularly on Brussels airport.
    (643) The Commission notes that, if the aid had been granted after the aviation guidelines entered into force, i.e. after 4 April 2014, it could not have been declared compatible with the internal market. Point 119 of the aviation guidelines in fact states that ‘in order to be eligible for operating aid, the annual traffic of the airport must not exceed 3 million passengers’.
    (644) This aid was granted before 4 April 2014 and point 119 of the aviation guidelines does not therefore apply. However, according to the aviation guidelines, the Commission must assess the unlawful operating aid granted to airports by taking account of the distortions of competition caused by this aid(231). According to the Commission, this requirement means that it must give an opinion on the aid in question in the light, on the one hand, of its positive effects in terms of the objective of common interest pursued and, on the other hand, of its negative effects on competition and trade. In the present case, it has been established that the aid has had a significant positive effect on the economic development of Charleroi and its region, which may be recognised as an objective of common interest justifying operating aid, while also having negative effects, which have increased over time and become very significant.
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