INHALT

2012/321/EU: Commission Decision of 25 January 2012 on the measure SA.14588 (C 20/09) implemented by Belgium in favour of De Post-La Poste (now bpost) (notified under document C(2012) 178) Text with EEA relevance

COMMISSION DECISION
of 25 January 2012
on the measure SA.14588 (C 20/09) implemented by Belgium in favour of De Post-La Poste (now bpost)
(notified under document C(2012) 178)
(Only the Dutch and French texts are authentic)
(Text with EEA relevance)
(2012/321/EU)
1.
PROCEDURE
1.1. COMMISSION DECISION OF 2003 ANNULLED BY THE COURT OF FIRST INSTANCE
1.2. COMPLAINT CONCERNING AID TO PRESS DISTRIBUTION
1.3. FOURTH MANAGEMENT CONTRACT (2005-2010)
1.4. DECISION TO INITIATE THE PROCEDURE
1.5. COMMENTS BY THE BELGIAN AUTHORITIES ON THE DECISION TO INITIATE THE PROCEDURE
1.6. COMMENTS BY THIRD PARTIES ON THE DECISION TO INITIATE THE PROCEDURE AND COMMENTS FROM THE BELGIAN AUTHORITIES ON THE COMMENTS BY THIRD PARTIES
2.
DETAILED DESCRIPTION OF THE AID
2.1. LEGAL STATUS AND OPERATIONS OF DPLP
2.2. OVERVIEW OF THE RELEVANT PUBLIC MEASURES
2.2.1.
Public service missions during the period 1992-2010
2.2.1.1.
Public service obligations set out in the management contracts
2.2.2.
Public measures under investigation
2.2.2.1.
Pension relief
Figure 1
Employment regimes in DPLP
2.2.2.2.
Annual compensation for the cost of discharging public service obligations
2.2.2.3.
Capital injections
2.2.2.4.
Tax exemptions
2.2.2.5.
Transfer of buildings
2.2.2.6.
State guarantee
3.
GROUNDS FOR INITIATING THE PROCEDURE IN 2009
4.
COMMENTS BY INTERESTED PARTIES
4.1. COMMENTS BY VFP AND PRODIPRESSE
4.2. COMMENTS BY THE ASSOCIATION BELGE DES EDITEURS DE JOURNAUX/BELGISCHE VERENIGING VAN DAGBLADUITGEVERS
4.3. COMMENTS BY DEUTSCHE POST AG AND DHL INTERNATIONAL
4.4. COMMENTS BY BELGISCHE DISTRIBUTIEDIENST NV/BELGIQUE DIFFUSION SA
5.
COMMENTS BY THE BELGIAN AUTHORITIES
5.1. COMMENTS BY THE BELGIAN AUTHORITIES ON THE PENSION RELIEF
Figure 2
Evolution of DPLP’s statutory workforce
5.2. COMMENTS BY THE BELGIAN AUTHORITIES ON THE ANNUAL COMPENSATION FOR PUBLIC SERVICE COSTS
5.3. COMMENTS BY THE BELGIAN AUTHORITIES ON THE CAPITAL INJECTIONS
5.3.1.
Capital injections in 1997
5.3.2.
Capital injections in 2003 and 2006
5.4. COMMENTS BY THE BELGIAN AUTHORITIES ON THE TAX EXEMPTIONS
5.5. COMMENTS BY THE BELGIAN AUTHORITIES ON THE TRANSFER OF BUILDINGS
5.6. COMMENTS BY THE BELGIAN AUTHORITIES ON THE STATE GUARANTEE FOR LOANS
5.7. COMMENTS BY THE BELGIAN AUTHORITIES ON THE INTERESTED PARTIES’ COMMENTS
5.8. COMMENTS BY THE BELGIAN AUTHORITIES ON EXISTING AID
6.
ASSESSMENT
6.1. PRELIMINARY REMARKS ON DPLP’S COST ACCOUNTING SYSTEM
6.2. ASSESSMENT OF THE PENSION RELIEF
6.2.1.
Existence of aid within the meaning of Article 107(1) TFEU
6.2.1.1.
Advantage and selectivity
6.2.1.2.
State resources
6.2.1.3.
Distortion of competition and effect on trade between Member States
6.2.2.
Assessment of the compatibility of pension relief with the internal market within the meaning of Article 107(3)(c)
6.2.2.1.
Liberalisation of the postal sector as an objective of common interest
6.2.2.2.
Necessity of pension relief
Figure 3
Simulations of DPLP’s cash flow conducted by the Belgian authorities in 1996
6.2.2.3.
Proportionality of pension relief
6.2.2.4.
Balancing test for pension relief
6.3. ASSESSMENT OF THE PUBLIC SERVICE COMPENSATION AND OTHER MEASURES
6.3.1.
Existence of aid within the meaning of Article 107(1) TFEU
6.3.1.1.
Advantage and selectivity
Figure 4
Ex-ante
profit projections for 2003-2007 by the Belgian authorities
Figure 5
Ex-ante
internal rate of return calculation by the Belgian authorities for the most likely scenario
Figure 6
Ex-post
profits 2003-2007
Figure 7
DPLP’s performance from 2006 to 2010
6.3.1.2.
Existence of State resources
6.3.1.3.
Distortion of competition and effect on trade between Member States
6.3.1.4.
Summary of aid measures
6.3.2.
Existing aid within the meaning of Article 108(1) TFEU
6.3.2.1.
Corporate tax and property tax exemptions
6.3.2.2.
Liberalisation of the postal market
6.3.2.3.
Ten-year limitation period
6.3.3.
Compatibility of SGEI compensation in the light of Article 106(2) TFEU
6.3.3.1.
Scope of the assessment based on the tasks entrusted in the management contracts
6.3.3.2.
Calculation of overcompensation
6.3.3.3.
Calculation of the amount of overcompensation
7.
CONCLUSION
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8