INHALT

Commission Decision (EU) 2016/285 of 6 November 2015 on the state aid SA.38545 2014/C (ex 2014/NN) implemented by the French Republic in favour of Mory — Ducros SAS and MoryGlobal (notified under document C(2015) 7523) (Text with EEA relevance)

COMMISSION DECISION (EU) 2016/285
of 6 November 2015
on the state aid SA.38545 2014/C (ex 2014/NN) implemented by the French Republic in favour of Mory — Ducros SAS and MoryGlobal
(notified under document C(2015) 7523)
(Only the French text is authentic)
(Text with EEA relevance)
1.
PROCEDURE
2.
BACKGROUND
2.1. DESCRIPTION OF THE BENEFICIARY AND THE BACKGROUND
2.2. DESCRIPTION OF THE MEASURES
2.2.1.
The FDES loan of EUR 17,5 million
2.2.2.
Social measures
3.
DOUBTS RAISED IN THE OPENING DECISION
3.1. CLASSIFICATION AS STATE AID
3.1.1.
The FDES loan
3.1.2.
Social measures
3.2. COMPATIBILITY ASSESSMENT
3.3. ON THE PRINCIPLE OF ECONOMIC CONTINUITY
4.
OBSERVATIONS BY FRANCE ON THE OPENING DECISION
4.1. CLASSIFICATION AS STATE AID
4.2. COMPATIBILITY ASSESSMENT
5.
COMMENTS BY THIRD PARTIES ON THE OPENING DECISION
6.
ASSESSMENT OF THE AID
6.1. ASSESSMENT OF THE EXISTENCE OF AID WITHIN THE MEANING OF ARTICLE 107(1) TFEU
6.1.1.
Existence of State resources and imputability
6.1.2.
Selectivity
6.1.3.
Existence of an economic advantage
6.1.3.1.
Framework for analysis
6.1.3.2.
Political background to the granting of the public measures
6.1.3.3.
FDES loan
6.1.3.4.
Social measures — Discretionary facility
6.1.3.5.
Conclusion on the existence of an economic advantage
6.1.3.6.
Quantification of the aid element
6.1.4.
Effect on competition and trade between Member States
6.1.5.
Conclusion with regard to the existence of State aid within the meaning of Article 107(1) TFEU
6.2. ASSESSMENT OF THE COMPATIBILITY OF THE AID WITH THE INTERNAL MARKET
6.2.1.
Applicable legal basis
6.2.2.
Social measures — Discretionary facility
6.2.3.
The FDES loan
7.
RECOVERY AND ECONOMIC CONTINUITY
7.1. FRAMEWORK FOR ANALYSIS
7.2. RECOVERY OF THE INCOMPATIBLE AID FROM MORYGLOBAL
7.3. RECOVERY OF THE INCOMPATIBLE AID FROM MD — ECONOMIC CONTINUITY
8.
CONCLUSIONS
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6