INHALT

2014/882/EU: Commission Decision of 20 November 2013 concerning the State aid SA.16237 (C58/02) (ex N118/02) implemented by France in favour of SNCM (notified under document C(2013) 7066) Text with EEA relevance

COMMISSION DECISION
of 20 November 2013
concerning the State aid SA.16237 (C58/02) (ex N118/02) implemented by France in favour of SNCM
(notified under document C(2013) 7066)
(Only the French text is authentic)
(Text with EEA relevance)
(2014/882/EU)
I.
PROCEDURE
II.
DESCRIPTION
2.1. THE RECIPIENT OF THE MEASURES COVERED BY THIS DECISION
2.2. COMPETITIVE ENVIRONMENT
2.2.1.
Services to Corsica
2.2.1.1.
Passenger transport
Graph
Number of passengers transported per season (May-September) between mainland France and Corsica: 2000 to 2007 seasons
2.2.1.2.
Transport of freight
2.2.2.
Services to the Maghreb
2.3. DESCRIPTION OF THE MEASURES COVERED BY THIS DECISION
2.3.1.
The 2002 recapitalisation of SNCM
2.3.2.
Measures subsequent to the 2002 recapitalisation
2.3.2.1.
Preliminary remark
2.3.2.2.
Measures subsequent to the 2002 recapitalisation
(a)
The content of the memorandum of understanding
(b)
The measures
2.4. SUBJECT MATTER OF THIS DECISION
2.5. GROUNDS LEADING TO THE INITIATION OF THE FORMAL INVESTIGATION PROCEDURE IN 2002 AND ITS EXTENSION IN 2006
2.5.1.
Initiation of the 2002 formal investigation procedure
2.5.2.
Extension of the 2006 formal investigation procedure
III.
OBSERVATIONS BY THE FRENCH AUTHORITIES ON THE OPENING DECISION
3.1. ON THE 2002 RECAPITALISATION
3.2. ON THE MEASURES SUBSEQUENT TO THE 2002 RECAPITALISATION
3.2.1.
On the negative sale price of SNCM
3.2.2.
On the joint capital contribution by the shareholders
3.2.3.
On the additional social measures (aid to individuals)
3.2.4.
On the lifting of the restrictions imposed by the annulled decision of 2003
3.3. CONCLUSION
IV.
COMMENTS BY INTERESTED PARTIES
4.1. ON THE DECISION TO INITIATE THE 2002 FORMAL INVESTIGATION PROCEDURE
4.1.1.
Comments by Corsica Ferries (CFF)
4.1.2.
Comments by STIM
4.1.3.
Comments by the representatives of the regional and local authorities
4.1.4.
Comments by the Corsica Transport Office
4.2. ON THE 2006 DECISION TO EXTEND THE PROCEDURE
4.2.1.
Comments by Corsica Ferries France (CFF)
4.2.2.
Comments by STIM
4.2.2.1.
On the measures subsequent to the 2002 recapitalisation
4.2.2.2.
On compatibility with the 2004 guidelines
4.2.3.
Comments by SNCM
V.
OBSERVATIONS BY FRANCE ON THE COMMENTS BY THE INTERESTED PARTIES
5.1. OBSERVATIONS BY FRANCE ON THE COMMENTS BY THE INTERESTED PARTIES CONCERNING THE DECISION TO INITIATE THE 2002 FORMAL INVESTIGATION PROCEDURE
5.1.1.
On the comments by CFF
5.1.2.
On the comments by STIM
5.1.3.
On the comments by the representatives of the regional and local authorities
5.2. ON THE COMMENTS BY THE INTERESTED PARTIES CONCERNING THE 2006 DECISION
5.2.1.
On the early implementation of the measures laid down in the first restructuring plan and its amendments
5.2.2.
On the measures subsequent to the 2002 recapitalisation
5.2.3.
On compatibility with the guidelines
5.2.4.
On the conditions imposed by the Commission decision of 2003 and the possible new compensatory measures
VI.
ASSESSMENT OF THE MEASURES
6.1. EXISTENCE OF AID WITHIN THE MEANING OF ARTICLE 107(1) OF THE TFEU
6.1.1.
Relevant period for the purposes of the assessment
6.1.2.
The sale of SNCM at a negative price of EUR 158 million
6.1.2.1.
On assessing the costs of liquidation
(a)
On taking account of the impact of the additional redundancy payments
(b)
On the liquidation value of SNCM
(i) On the value of SNCM’s assets
(ii) On the valuation of SNCM’s liabilities
(iii) On the finding of a shortfall in assets
(c)
On taking account of action to make good the asset shortfall
(i) Acknowledgement of the State as de jure or de facto manager of the undertaking in compulsory liquidation
(ii) The existence of one or more acts of mismanagement by the French State as de facto manager of the undertaking in compulsory liquidation
(iii) The finding of a shortfall in assets
(iv) The existence of a causal link between the mismanagement and the established shortfall in assets
(v) Possible payment of the additional redundancy payments in the event of SNCM’s compulsory liquidation
(vi) Conclusion on taking account of action to make good the asset shortfall
6.1.2.2.
Conclusion
6.1.3.
EUR 8,75 million capital contribution by CGMF
6.1.4.
Measures involving aid to individuals (EUR 38,5 million)
6.1.5.
The balance of EUR 15,81 million awarded as restructuring aid in 2002
6.2. EXAMINATION OF THE COMPATIBILITY OF THE RESTRUCTURING AID PAID IN 2002 AND 2006
6.2.1.
Guidelines to consider
6.2.2. ‘
A firm in difficulty
’
6.2.2.1.
Own contribution
6.2.2.2.
Return to long-term viability
6.2.2.3.
Avoidance of undue distortion of competition (compensatory measures)
VII.
CONCLUSION
7.1. INCOMPATIBILITY AND RECOVERY OF THE CAPITAL CONTRIBUTION NOTIFIED BY THE FRENCH AUTHORITIES IN 2002 AND OF THE THREE NEW MEASURES IMPLEMENTED BY THE FRENCH AUTHORITIES IN 2006
7.2. INCOMPATIBILITY AND RECOVERY OF THE RESCUE AID
Article 1
Article 2
Article 3
Article 4
Article 5
ANNEX
INFORMATION ABOUT THE AMOUNTS OF AID RECEIVED, TO BE RECOVERED AND ALREADY RECOVERED