COMMISSION DECISION
of 10 October 2007
on the State aid implemented by France in connection with the reform of the arrangements for financing the retirement pensions of civil servants working for La Poste
(notified under document number C(2007) 4545)
(Only the French version is authentic)
(Text with EEA relevance)
(2008/204/EC)
1. PROCEDURE
2. DETAILED DESCRIPTION OF THE MEASURES
2.1. Context: liberalisation of the postal sector
2.2. Beneficiary of the measures
In employee/year equivalent |
31.12.2005 |
31.12.2004 |
Civil servants |
180 558 |
190 261 |
Contract staff |
122 847 |
119 025 |
Total |
303 405 |
309 286 |
2.3. Measures in question
2.3.1. Description of the arrangements for financing the retirement pensions of civil servants working for La Poste prior to the Law of December 2006
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1998 |
1999 |
2000 |
2001 |
2002 |
2003 |
2004 |
2005 |
Present value as at 30 June 2006 |
Discount rate |
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Pensions paid out(13) |
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Contribution paid by La Poste (‘employer’) |
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Pension deduction (civil servants) |
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2.3.2. The reform and the competitively fair rate
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2006 |
2007 |
2008 |
2009 |
2010 |
Level of the contribution |
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Gross wage bill for civil servants (in EURm) base 2004 |
Exceptional flat-rate contribution |
Parent company |
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Banque Postale |
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[…](24) |
Sofipost |
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Geopost |
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Total |
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3. REASONS FOR INITIATING THE PROCEDURE
4. COMMENTS BY INTERESTED PARTIES
5. COMMENTS FROM FRANCE
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1998 |
1999 |
2000 |
2001 |
2002 |
2003 |
2004 |
2005 |
Employer's contribution rate, before stabilisation |
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Employer's contribution rate, after stabilisation |
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Simulated competitively fair rate — TEC (by retropolation) |
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1998 |
1999 |
2000 |
2001 |
2002 |
2003 |
2004 |
2005 |
2006 |
Overall TEC La Poste |
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TEC postal activities |
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TEC banking activities |
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Hypothetical overall TEC for La Poste including non-common risks, unemployment and cash benefits for work absences as a result of sickness, maternity, paternity or adoption |
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Hypothetical TEC for postal activities including non-common risks, unemployment and cash benefits for work absences as a result of sickness, maternity, paternity or adoption |
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Hypothetical TEC for banking activities including non-common risk, unemployment and cash benefits for work absences as a result of sickness, maternity, paternity or adoption |
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(in EURbn) |
1990 Law |
Public establishments(36) |
Notified TEC |
Adjusted TEC(37) |
NPV |
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6. ASSESSMENT OF THE MEASURES
6.1. Classification as State aid
6.1.1. State resources
6.1.2. Effect on trade
6.1.3. Existence of a selective advantage for La Poste
6.1.3.1.
Absence of an exogenous comparator
6.1.3.2.
Situation of La Poste prior to and following the measures under review
6.1.3.3.
Existence of an abnormal charge/initiation of the procedure
6.1.4. Distorting the conditions of competition
6.1.5. Conclusion
6.2. Unlawful nature of the aid
6.3. Compatibility of the aid measures with the common market
6.4. Additional comment: the ‘EDF’ precedent
6.5. No provisioning for retirement liabilities from 2007
7. CONCLUSIONS
Article 1
Article 2
Article 3
Article 4
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1998 |
1999 |
2000 |
2001 |
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2006 |
Civil servants |
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Private-law employees |
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