Amendment of 17 October 2006 (Amendment No 2), which reduced the cost of the marketing services provided to the CCI given that the CCI was allegedly unable to supply the marketing materials requested. The amendment stipulated that the marketing services provided from 2007 would comply with the base agreement. The provision of marketing services was suspended from April and July 2006 to 31 December 2006 due to the CCI being unable to supply the marketing materials to be included on the Ryanair website. In the end, the sums due by the CCI for 2006 were as follows:
— EUR […] instead of EUR […], for package No 1,
— EUR […] instead of EUR […], for package No 2,
— EUR […] instead of EUR […], for package No 3,
— another service costing EUR […] per invoiced file, which was not amended, was included in the amendment.
3.3.2. AGREEMENTS SIGNED WITH VTAN (2007-2011)
(92) France has explained that the decisions to sign the various agreements with Ryanair were made by the sole director of VTAN and its chairperson and were not therefore the subject of resolutions or meetings(45).
3.3.2.1.
Agreement of 2 January 2007 between VTAN and Ryanair
(93) On 2 January 2007 an airport services agreement was signed between Ryanair and the company VTAN, which set the landing and passenger charges payable by the airline and which granted the airline a contribution per passenger under an incentive scheme for the development of traffic. This agreement applied from 1 January to 31 October 2007.
3.3.2.2.
Agreement of 2 January 2007 between VTAN and AMS
(94) On the same day, the company VTAN signed a marketing services agreement with the company AMS for the purchase of marketing services costing EUR […]. As with the previous agreement, this applied from 1 January to 31 October 2007.
(95) On 1 August 2007 VTAN and AMS signed an amendment to this agreement in which they agreed on the payment of an additional contribution of EUR […] for the period between 1 September 2007 and 28 February 2008. This amendment was a condition for the Ryanair service to Charleroi to be maintained for the 2007-2008 winter season. France takes the view that this additional contribution was imposed by Ryanair on VTAN, which, given its status as an entrant to the market, was not in a strong position to negotiate this contribution downwards. France has also confirmed that this amendment was not such as to alter the routes and frequencies stipulated in the agreement of 2 January 2007 or the expected traffic(46).
3.3.2.3.
Agreements of 1 November 2007 between VTAN and Ryanair/AMS
(96) On 7 November 2007 two new agreements were signed, for an initial term of one year that was renewable three times, in order to continue the airport services agreement and marketing services agreement that had expired. Although the provisions were similar, the payments to Ryanair and its subsidiary were increased to EUR […].
3.3.2.4.
Agreements of 27 August 2008 between VTAN and Ryanair/AMS
Feedback