Commission Decision (EU) 2023/232 of 25 July 2022 on the State aid SA.55208 (2020... (32023D0232)
Commission Decision (EU) 2023/232 of 25 July 2022 on the State aid SA.55208 (2020/C) (ex 2022/NN) implemented by Czechia for Czech Post (notified under document C(2022) 5136) (Only the English version is authentic) (Text with EEA relevance)
- COMMISSION DECISION (EU) 2023/232
- of 25 July 2022
- on the State aid SA.55208 (2020/C) (ex 2022/NN) implemented by Czechia for Czech Post
- (notified under document C(2022) 5136)
- (Only the English version is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 2.
- DETAILED DESCRIPTION OF THE MEASURE/AID
- 2.1.
- The beneficiary: Czech Post
- 2.2.
- The USO entrusted to Czech Post
- 2.3.
- Databoxes Information System (‘DBIS’)
- 2.4.
- The notified measure and the compensation mechanism for the USO
- 2.4.1.
- Scope of the notification and amount of compensation
- 2.4.2.
- Procedure to establish the amount to be granted as compensation
- 3.
- COMPLAINTS
- 3.1.
- Zàsilkovna’s complaint
- 3.2.
- PNS’s complaint
- 4.
- GROUNDS FOR INITIATING THE FORMAL INVESTIGATION PROCEDURE
- 5.
- COMMENTS FROM INTERESTED PARTIES
- 5.1.
- Zàsilkovna
- 5.2.
- PNS (former Mediaservis)
- 5.3.
- Czech Post
- 6.
- COMMENTS FROM CZECHIA
- 6.1.
- Czechia’s comments on the opening decision
- 6.2.
- Comments from Czechia on third-party comments
- 6.2.1.
- Czechia’s comments on Zàsilkovna’s comments
- 6.2.2.
- Czechia’s comments on PNS’s comments
- 7.
- ASSESSMENT OF THE MEASURE
- 7.1.
- Existence of aid
- 7.2.
- Aid imputable to the State and existence of State resources
- 7.3.
- Aid granted to an undertaking
- 7.4.
- Advantage
- 7.5.
- Selectivity
- 7.6.
- Effect on trade and distortion of competition
- 7.7.
- Conclusion
- 7.8.
- Lawfulness of the aid measures notified to the Commission
- 8.
- COMPATIBILITY ASSESSMENT
- 8.1.
- Compatibility under Article 106(2) TFEU
- 8.2.
- Compliance with 2012 SGEI Framework
- 8.2.1.
- Genuine service of general economic interest as referred to in Article 106 TFEU
- 8.2.2.
- Need for an entrustment act specifying the public service obligations and the methods of calculating compensation
- 8.2.3.
- Duration of the period of entrustment
- 8.2.4.
- Compliance with Directive 2006/111/EC
- 8.2.5.
- Compliance with Union public procurement rules
- 8.2.6.
- Absence of discrimination
- 8.2.7.
- Amount of compensation
- 8.2.8.
- Calculation of the net cost: Net Avoided Cost methodology
- I.
- The factual and counterfactual scenarios
- 1. Termination of DBIS service
- 2. Closure of a number of post offices and conversion of some of them into Postpoints:
- 3. Lower delivery frequency of specific postal items
- 4. Fewer administrative activities
- II.
- Calculation of the impact of the counterfactual scenario on costs and revenues of Czech Post
- III.
- Identifying and calculating the intangible and market benefits
- IV.
- Calculation of the total NAC incurred by Czech Post for both DBIS and USO
- 8.2.8.1.
- Credibility of the NAC methodology proposed by the Czech authorities
- 8.2.8.2.
- Reasonable profit
- 8.2.8.3.
- Definition of the unfair burden
- 8.2.9.
- Efficiency incentives
- 8.2.10.
- Verification of the absence of overcompensation
- 8.2.11.
- Additional requirements which may be necessary to ensure that the development of trade is not affected to an extent contrary to the interests of the Union
- 8.2.12.
- Transparency
- 8.2.13.
- Conclusion
- 9.
- CONLUSION
- Article 1
- Article 2
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