Commission Decision (EU) 2024/3021 of 9 September 2024 on the measures SA.43260 (... (32024D3021)
Commission Decision (EU) 2024/3021 of 9 September 2024 on the measures SA.43260 (2018/C) implemented by Germany in favour of Flughafen Frankfurt-Hahn GmbH and Ryanair DAC (notified under document C(2024) 6468)
- COMMISSION DECISION (EU) 2024/3021
- of 9 September 2024
- on the measures SA.43260 (2018/C) implemented by Germany in favour of Flughafen Frankfurt-Hahn GmbH and Ryanair DAC
- (notified under document C(2024) 6468)
- (Only the German text is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 2.
- DETAILED DESCRIPTION OF THE MEASURES
- 2.1.
- Recipients of the measures
- 2.1.1.
- FFHG
- 2.1.2.
- Ryanair
- 2.2.
- The disputed measures
- 2.2.1.
- Measures relating to FFHG
- 2.2.1.1.
- The guarantee granted by the Land Rhineland-Palatinate to FFHG
- 2.2.1.2.
- The ‘double’ sale by FFHG of a plot of land
- 2.2.2.
- Measures relating to Ryanair
- 2.2.2.1.
- Marketing support to Ryanair
- 2.2.2.2.
- 2013, 2015 and 2016 airport services agreements between FFHG and Ryanair
- 2.2.2.3.
- Training support to Ryanair
- 2.2.2.4.
- Financing of a crew and pilot school and a maintenance hall to the benefit of Ryanair
- 2.3.
- Grounds for initiating the procedure
- 2.3.1.
- The guarantee granted by the Land Rhineland-Palatinate to FFHG with respect to a sale of land to the aircraft maintenance company Haitec
- 2.3.2.
- The ‘double’ sale by FFHG of a plot of land
- 2.3.3.
- The training aid to Ryanair
- 2.3.4.
- The financing of a crew and pilot school and a maintenance hall
- 2.3.5.
- The 2005 and 2017 marketing agreements between the Land Rhineland-Palatinate and Ryanair
- 2.3.6.
- The 2013, 2015 and 2016 airport service agreements between FFHG and Ryanair
- 3.
- COMMENTS FROM INTERESTED PARTIES
- 3.1.
- Comments from the complainant
- 3.1.1.
- Regarding measures relating to FFHG
- 3.1.1.1.
- The guarantee granted by the Land Rhineland-Palatinate to FFHG
- 3.1.1.2.
- The ‘double’ sale by FFHG of a plot of land
- 3.1.2.
- Regarding measures relating to Ryanair
- 3.1.2.1.
- The 2005 and 2017 marketing agreements between the Land Rhineland-Palatinate and Ryanair
- 3.1.2.2.
- The 2013, 2015 and 2016 airport service agreements between FFHG and Ryanair
- 3.1.2.3.
- The training support to Ryanair
- 3.1.2.4.
- The financing of a crew and pilot school and a maintenance hall.
- 3.2.
- Comments from Ryanair
- 3.2.1.
- Regarding training aid to Ryanair
- 3.2.2.
- The financing of a crew and pilot school and a maintenance hall.
- 3.2.3.
- The 2005 and 2017 marketing agreements concluded between Land Rhineland-Palatinate and Ryanair
- 3.2.4.
- The 2013, 2015 and 2016 airport service agreements concluded between FFHG and Ryanair
- 3.3.
- Comments from FFHG
- 3.3.1.
- The 2013, 2015 and 2016 airport service agreements between FFHG and Ryanair
- 3.3.2.
- The financing of a crew and pilot school and a maintenance hall.
- 4.
- COMMENTS FROM GERMANY
- 4.1.
- Regarding measures to FFHG
- 4.1.1.
- The guarantee granted by the Land Rhineland-Palatinate to FFHG
- 4.1.2.
- The ‘double’ sale by FFHG of a plot of land
- 4.2.
- Regarding measures of potential aid to Ryanair
- 4.2.1.
- The 2005 and 2017 marketing agreements between the Land Rhineland-Palatinate and Ryanair
- 4.2.2.
- The training support to Ryanair
- 4.2.3.
- The financing of a crew and pilot school and a maintenance hall.
- 4.2.4.
- The 2013, 2015 and 2016 airport service agreements between FFHG and Ryanair
- 5.
- ASSESSMENT OF THE MEASURES
- 5.1.
- Existence of aid
- 5.1.1.
- Regarding measures of potential aid
- to FFHG
- 5.1.1.1.
- Guarantee granted by the Land Rhineland-Palatinate to FFHG
- 5.1.1.1.1. Notion of undertaking and economic activity
- 5.1.1.1.2. Use of State resources and imputability to the State
- 5.1.1.1.3. Economic advantage
- 5.1.1.1.3.1. The applicability of the MEOP
- 5.1.1.1.3.1.1. Entering into a guarantee agreement is an economic activity
- 5.1.1.1.3.1.2. A private operator could have engaged in the guarantee agreement in question
- 5.1.1.1.3.2. The market-conformity of the guarantee premium
- 5.1.1.1.4. Selectivity
- 5.1.1.1.5. Distortion of competition and effect on trade
- 5.1.1.1.6. Conclusion
- 5.1.1.2.
- The ‘double’ sale by FFHG of a plot of land
- 5.1.2.
- Regarding measures of potential aid to Ryanair
- 5.1.2.1.
- The training support to Ryanair
- 5.1.2.1.1. Notion of undertaking and economic activity
- 5.1.2.1.2. Use of State resources and imputability to the State
- 5.1.2.1.3. Economic advantage
- 5.1.2.1.4. Selectivity
- 5.1.2.1.5. Distortion of competition and effect on trade
- 5.1.2.1.6. Conclusion
- 5.1.2.2.
- The financing of a crew and pilot school and a maintenance hall
- 5.1.2.2.1. Notion of undertaking and economic activity
- 5.1.2.2.2. Economic advantage
- 5.1.2.2.3. Conclusion
- 5.1.2.3.
- The 2005 and 2017 marketing agreements between the Land Rhineland-Palatinate and Ryanair
- 5.1.2.3.1. Notion of undertaking and economic activity
- 5.1.2.3.2. Use of State resources and imputability to the State
- 5.1.2.3.3. Economic advantage
- 5.1.2.3.3.1. Individual assessment of the marketing agreements
- 5.1.2.3.3.2. Applicability of the market operator principle
- 5.1.2.3.3.3. For the sake of completeness: Determination of the advantage conferred to Ryanair
- 5.1.2.3.3.3.1. The purchase of marketing services served only as justification for the payments made to Ryanair to keep the latter at Frankfurt-Hahn airport
- —
- There was no real intention on the part of the Land Rhineland-Palatinate to advertise the region
- —
- Ryanair’s flight operations were targeted, rather than marketing services
- —
- The targeting of Ryanair, rather than any online marketing service provider in general
- 5.1.2.3.3.3.2. Ryanair’s practice observed in other cases
- 5.1.2.3.3.3.3. For the sake of completeness: conclusion on the advantage conferred to Ryanair
- 5.1.2.3.4. Selectivity
- 5.1.2.3.5. Distortion of competition and effect on trade
- 5.1.2.3.6. Conclusion
- 5.1.2.4.
- The 2013, 2015 and 2016 airport service agreements between FFHG and Ryanair
- 5.1.2.4.1. The 2013 Side Letter agreement
- 5.1.2.4.2. The 2015 Annotation
- 5.1.2.4.3. The 2016 Side Letter No 2
- 5.2.
- Compatibility of the aid
- 5.2.1.
- Regarding the aid measure to FFHG
- 5.2.2.
- Regarding the aid measures to Ryanair
- 5.2.2.1.
- The training aid to Ryanair
- 5.2.2.1.1. General Block Exemption Regulation
- 5.2.2.1.2. Article 107(2) TFEU
- 5.2.2.1.3. Article 107(3) TFEU
- 5.2.2.2.
- The 2005 and 2017 marketing agreements between the Land Rhineland-Palatinate and Ryanair
- 6.
- RECOVERY
- 7.
- CONCLUSION
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
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