INHALT

Commission Decision of 22 July 2009 on State aid C 18/05 (ex N 438/04, N 194/05 and PL 34/04) awarded by Poland to Stocznia Gdańsk (notified under document C(2009) 5685) (Text with EEA relevance)

COMMISSION DECISION
of 22 July 2009
on State aid C 18/05 (ex N 438/04, N 194/05 and PL 34/04) awarded by Poland to Stocznia Gdańsk
(notified under document C(2009) 5685)
(Only the Polish text is authentic)
(Text with EEA relevance)
(2010/175/EC)
I.
THE PROCEDURE
II.
DETAILED DESCRIPTION OF THE AID
1.
The company
2.
Decision to initiate proceedings under Article 88(2) of the EC Treaty
3.
Comments from interested parties
(a)
Comments by Gdynia Shipyard Group
(b)
Comments by other interested parties
(c)
Comments by Poland
4.
Chronological description of decisive events following the Commission’s decision to open the formal investigation
5.
The 2009 Restructuring Plan
(a)
Sales strategy
(b)
Industrial and operational restructuring
(c)
Financial restructuring
(d)
Costs of restructuring and own contribution
(e)
Financial projections
(f)
Avoidance of undue distortion of competition
6.
State aid granted to Gdańsk Shipyard
III.
EVALUATION
1.
Competence of the Commission
(a)
Restructuring of public-law debt under Chapter 5a
(b)
Measure 23 of part B of Annex II to the decision to open the formal investigation
(c)
Measures 24-25 of part B of Annex II to the decision to open the formal investigation
2.
State aid within the meaning of Article 87(1) of the EC Treaty
2.1.
Existence of State aid
(a)
Continuous non-enforcement of public-law liabilities
(b)
KPS loans
(c)
Export Credit Insurance Corporation guarantees
2.2.
Possibility for Poland and third parties to submit comments
3.
Compatibility of aid with the single market — derogation under Article 87(3) of the EC Treaty
(a)
Eligibility
(b)
Restoration of long-term viability
(c)
Aid limited to the strict minimum
(d)
Avoidance of undue distortion of competition
IV.
CONCLUSION
Article 1
Article 2