Commission Decision (EU) 2017/1861 of 29 July 2016 on State aid SA33983 (2013/C) ... (32017D1861)
INHALT
Commission Decision (EU) 2017/1861 of 29 July 2016 on State aid SA33983 (2013/C) (ex 2012/NN) (ex 2011/N) — Italy — Compensation to Sardinian airports for public service obligations (SGEI) (notified under document C(2016) 4862) (Text with EEA relevance. )
- COMMISSION DECISION (EU) 2017/1861
- of 29 July 2016
- on State aid SA33983 (2013/C) (ex 2012/NN) (ex 2011/N) — Italy — Compensation to Sardinian airports for public service obligations (SGEI)
- (notified under document C(2016) 4862)
- (Only the English text is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 2.
- DETAILED DESCRIPTION OF THE AID
- 2.1.
- TITLE AND OBJECTIVES OF THE MEASURE
- 2.2.
- GRANTING AUTHORITY
- 2.3.
- LEGAL FRAMEWORK
- 2.4.
- THE SCHEME
- 2.5.
- MARKETING ACTIVITIES UNDERTAKEN BY AIRLINES
- 2.6.
- AIRPORTS CONCERNED
- 2.6.1. CAGLIARI AIRPORT
- 2.6.2. ALGHERO AIRPORT
- 2.6.3. OLBIA AIRPORT
- 2.7.
- MECHANISM AND STRUCTURE OF THE FINANCING PUT IN PLACE BY THE SARDINIAN REGION
- 2.7.1. GLOBAL AMOUNT OF THE CONTRIBUTIONS COMMITTED BY THE SARDINIAN REGION
- 2.7.2. THE PLANS OF ACTIVITIES AND THE ROUTES OF STRATEGIC INTEREST
- 2.7.3. THE MONITORING PROCESS
- 2.7.4. FINANCIAL ADVANCES AND THE ROLE OF THE REGIONAL FUND
- 2.8.
- FINANCIAL FLOWS
- 2.8.1. FINANCIAL FLOWS FROM THE REGION TO THE AIRPORT OPERATORS
- 2.8.2. FINANCIAL FLOWS FROM THE AIRPORT OPERATORS TO AIRLINES AND THIRD SERVICE PROVIDERS FOR THE FINANCING OF THE THREE ACTIVITIES
- 2.8.3. CONCLUSION
- 3.
- GROUNDS FOR INITIATING THE PROCEDURE AND THE INITIAL ASSESSMENT BY THE COMMISSION
- 4.
- COMMENTS FROM ITALY ON THE OPENING DECISION
- 4.1.
- THE LAW 10/2010
- 4.2.
- FINANCIAL ADVANCES
- 4.3.
- OTHER INFORMATION
- 5.
- COMMENTS FROM INTERESTED PARTIES
- 5.1.
- COMMENTS FROM RYANAIR
- 5.1.1. COMMENTS ON THE OPENING DECISION
- 5.1.1.1.
- General considerations
- 5.1.1.2.
- Ryanair's arrangements with airports
- 5.1.1.3.
- Marketing agreements
- 5.1.1.4.
- State aid issues
- 5.1.2. ECONOMIC MEIP ASSESSMENT WITH REGARD TO CAGLIARI INTERNATIONAL AIRPORT(70)
- 5.1.3. IDENTIFYING THE MARKET BENCHMARK IN COMPARATOR ANALYSIS FOR MEIP TESTS(71)
- 5.1.4. PRINCIPLES UNDERLYING PROFITABILITY ANALYSIS FOR MEIP TESTS(72)
- 5.1.5. BRAND BUILDING: WHY AND HOW SMALL BRANDS SHOULD INVEST IN MARKETING(73)
- 5.1.6. RYANAIR'S SUBMISSION OF 20 DECEMBER 2013
- 5.1.7. RYANAIR SUBMISSION OF 17 JANUARY 2014
- 5.1.8. OXERA'S REPORT 31 JANUARY 2014: HOW SHOULD AMS AGREEMENTS BE TREATED WITHIN THE PROFITABILITY ANALYSIS AS PART OF THE MARKET ECONOMY OPERATOR TEST? PRACTICAL APPLICATION
- 5.1.9. COMMENTS BY RYANAIR OF 12 SEPTEMBER 2014
- 5.1.10. ALLOCATION OF INVESTMENT COSTS(76)
- 5.1.11. EVALUATION OF THE WIDER IMPACT OF AMS AGREEMENTS ON AIRPORT TRAFFIC(78)
- 5.1.12. THE ROLE OF COMPARATOR ANALYSIS IN MEOP(79) ASSESSMENTS(80)
- 5.1.13. ECONOMIC MEOP ASSESSMENTS: COMPARATOR ANALYSIS INCLUDING AMS(81)
- 5.1.14. ECONOMIC MEOP ASSESSMENT: CAGLIARI AIRPORT, PROFITABILITY ANALYSIS(82)
- 5.1.15. THE IMPACT OF RYANAIR'S OPERATIONS ON AIRPORTS' NON-AERONAUTICAL REVENUES(83)
- 5.2.
- COMMENTS FROM EASYJET
- 5.2.1. COMMENTS ON THE OPENING DECISION
- 5.2.1.1.
- easyJet operations in Sardinia
- 5.2.1.2.
- Elements of State aid
- 5.2.1.3.
- Compliance with the Altmark test and/or Article 106(2) of the Treaty
- 5.2.1.4.
- The balancing test
- 5.2.1.5.
- Conclusion
- 5.2.2. COMMENTS PROVIDED ON THE APPLICATION OF THE 2014 AVIATION GUIDELINES TO THE MEASURES AT STAKE
- 5.2.3. ADDITIONAL COMMENTS ON MEOP ANALYSIS WITH REGARD TO OLBIA AIRPORT
- 5.3.
- COMMENTS FROM GEASAR S.P.A. (AIRPORT OPERATOR OF OLBIA AIRPORT)
- 5.3.1. COMMENTS ON THE OPENING DECISION
- 5.3.1.1.
- The actions taken by GEASAR to implement Law 10/2010
- 5.3.1.2.
- Assessment under Article 107(1) of the Treaty
- 5.3.1.3.
- Assessment of compatibility pursuant to Article 107(3)(c) of the Treaty
- 5.3.1.4.
- Assessments under Article 106 of the Treaty
- 5.3.2. COMMENTS PROVIDED ON THE APPLICATION OF THE 2014 AVIATION GUIDELINES TO THE MEASURES AT STAKE
- 5.3.2.1.
- Contribution to a well-defined objective of common interest (points 113 and 114 of the 2014 Aviation Guidelines)
- 5.3.2.2.
- Need for State intervention (points 116, 117 and 118 of the 2014 Aviation Guidelines)
- 5.3.2.3.
- Appropriateness of State aid as a policy instrument (point 120 of the 2014 Aviation Guidelines)
- 5.3.2.4.
- Existence of incentive effect (point 124 of the 2014 Aviation Guidelines)
- 5.3.2.5.
- Proportionality of the aid amount (aid limited to the minimum necessary) (point 125 of the 2014 Aviation Guidelines)
- 5.3.2.6.
- Avoidance of undue negative effects on competition and trade (point 131 of the 2014 Aviation Guidelines)
- 5.4.
- COMMENTS FROM SOGEAAL S.P.A. (AIRPORT OPERATOR OF ALGHERO AIRPORT)
- 5.4.1. COMMENTS ON THE OPENING DECISION
- 5.4.1.1.
- The actions taken by SOGEAAL to implement Law 10/2010
- 5.4.1.2.
- Assessment under Article 107(1) of the Treaty
- 5.4.1.3.
- Assessment of compatibility pursuant to Article 107(3)(c) of the Treaty
- 5.4.1.4.
- Assessments under Article 106 of the Treaty
- 5.4.2. COMMENTS PROVIDED ON THE APPLICATION OF THE 2014 AVIATION GUIDELINES TO THE MEASURES AT STAKE
- 5.4.2.1.
- Contribution to a well-defined objective of common interest (points 113 and 114 of the 2014 Aviation Guidelines)
- 5.4.2.2.
- Need for State intervention (points 116, 117 and 118 of the 2014 Aviation Guidelines)
- 5.4.2.3.
- Appropriateness of State aid as a policy instrument (point 120 of the 2014 Aviation Guidelines)
- 5.4.2.4.
- Existence of incentive effect (point 124 of the 2014 Aviation Guidelines)
- 5.4.2.5.
- Proportionality of the aid amount (aid limited to the minimum necessary) (point 125 of the 2014 Aviation Guidelines)
- 5.4.2.6.
- Avoidance of undue negative effects on competition and trade (point 131 of the 2014 Aviation Guidelines)
- 5.5.
- COMMENTS FROM SOGAER (AIRPORT OPERATOR OF CAGLIARI AIRPORT)
- 5.5.1. COMMENTS ON THE OPENING DECISION
- 5.5.1.1.
- Mistaken identification of the beneficiaries
- 5.5.1.2.
- Financial flows
- 5.5.1.3.
- The beneficiaries of the measures
- 5.5.1.4.
- Absence of State aid
- 5.5.1.5.
- Services of general economic interest (SGEIs)
- 5.5.1.6.
- The private economy investor principle and the 2014 Aviation Guidelines
- 5.5.2. COMMENTS ON THE APPLICATION OF THE 2014 AVIATION GUIDELINES TO THE MEASURES AT ISSUE
- 6.
- OBSERVATIONS FROM ITALY ON INTERESTED PARTIES' COMMENTS
- 6.1.
- OBSERVATIONS FROM ITALY ON RYANAIR'S COMMENTS
- 6.2.
- OBSERVATIONS FROM ITALY ON EASYJET'S COMMENTS
- 7.
- ASSESSMENT OF THE AID
- 7.1.
- INTRODUCTION AND SCOPE OF THE DECISION
- 7.2.
- EXISTENCE OF AID
- 7.2.1. FUNDING PROVIDED BY AIRPORT OPERATORS TO AIRLINE COMPANIES IN RESPECT OF ACTIVITIES 1 AND 2 (LAW 10/2010) IN THE PERIOD 2010-2013 — EXISTENCE OF STATE AID IN FAVOUR OF AIRLINE COMPANIES
- 7.2.1.1.
- Notion of undertaking and economic activity
- 7.2.1.2.
- State resources and imputability to the State
- 7.2.1.3.
- Economic advantage
- 7.2.1.4.
- Selectivity
- 7.2.1.5.
- Distortion of competition and effect on trade
- 7.2.1.6.
- Conclusion
- 7.2.2. EXISTENCE OF STATE AID IN FAVOUR OF THE AIRPORT OPERATORS
- 7.3.
- LAWFULNESS OF THE AID TO THE AIRLINES
- 7.4.
- COMPATIBILITY OF THE AID TO THE AIRLINES
- 7.4.1. APPLICABLE LEGAL FRAMEWORK
- 7.4.2. ASSESSMENT OF THE COMPATIBILITY OF THE FINANCIAL COMPENSATION PROVIDED BY AIRPORT OPERATORS TO AIRLINE COMPANIES FOR THE FINANCING OF ACTIVITIES 1 AND 2 (LAW 10/2010) IN THE PERIOD 2010-2013
- 7.4.3. CONCLUSION
- 8.
- RECOVERY
- 9.
- CONCLUSION
- 9.1.
- FUNDING PROVIDED BY AIRPORT OPERATORS TO AIRLINE COMPANIES IN RESPECT OF ACTIVITIES 1 AND 2 (LAW 10/2010) IN THE PERIOD 2010-2013 — EXISTENCE OF STATE AID IN FAVOUR OF AIRLINE COMPANIES
- 9.2.
- FINANCIAL COMPENSATION FROM THE REGION TO SARDINIAN AIRPORT OPERATORS FOR THE FINANCING OF ACTIVITIES 1, 2 AND 3 (LAW 10/2010) OVER THE PERIOD 2010-2013 — EXISTENCE OF STATE AID IN FAVOUR OF THE AIRPORT OPERATORS
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
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