(154) For all these reasons, the Commission considered it had doubts as to whether the airport and the public entities that had contributed or were contributing to Ryanair’s operating costs had acted as a prudent market economy investor by concluding the agreements under investigation.
4.2.1.2.
Existence of a selective advantage in the agreements concluded with Jet2, Flybe and Aer Arann
(155) The Commission noted that the agreements signed with the airlines Jet2, Flybe and Aer Arann gave rise to substantial discounts on charges (32) and that, according to France, these discounts were applied in a non-discriminatory manner to all the airlines that met the criteria set out in the pricing decision of 27 March 2008 (see section 3.3.2.2).
(156) However, the Commission observed that, as mentioned by France, the airport was making a loss during the period under investigation. The profitability of these incentives was calculated on the basis of estimated operating costs, thus relieving the airlines of the obligation to contribute towards the financing of the infrastructure used. The Commission therefore considered that these incentives were liable to deprive the airport of operating income that was vital for ensuring its financial viability.
4.2.1.3.
Existence of a selective advantage resulting from the amounts paid to Jet2, easyJet and Buzz in exchange for marketing services
(157) In response to a request for additional information, France referred to amounts paid to Jet2 in 2009 totalling EUR […] for its marketing services. Moreover, the CRC report mentions that easyJet ‘requested EUR [...] in marketing support’ for the Bristol route in 2006 (33), and that Buzz benefited from promotional measures and communication expenditure totalling EUR 59 068,51 in 2001 and 2002.
(158) The Commission considered that it did not have enough information at its disposal showing that the amounts paid did not constitute aid, or that the payments were made in accordance with the prudent investor principle and that the marketing services rendered in exchange for those payments corresponded to the amounts paid.
4.2.2.
Compatibility of the aid within the meaning of Article 107(3)(c) TFEU
(159) The Commission considered that the compatibility of the measures granted following the publication of the 2005 Guidelines ought to be assessed in the light of those Guidelines, and that the compatibility of the measures granted prior to the publication of the Guidelines ought to be assessed in line with the Commission’s decision-making practice at the time the measures were granted. However, the Commission also noted that, by adopting the 2005 Guidelines, it had consolidated its decision-making practice with regard to assessing the compatibility of aid granted to airport operators and that the criteria set out in the Guidelines were also applicable to measures granted before the Guidelines were published.
(160) The Commission considered that, in the light of the information at its disposal, it harboured doubts as to the compatibility with the internal market of the measures in favour of the airlines.
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