INHALT

2009/973/EC: Commission Decision of 13 July 2009 on the restructuring aid for Combus A/S (notified under document C(2009) 4538) (Text with EEA relevance)

COMMISSION DECISION
of 13 July 2009
on the restructuring aid for Combus A/S
(notified under document C(2009) 4538)
(Only the Danish text is authentic)
(Text with EEA relevance)
(2009/973/EC)
1. PROCEDURE
2. FACTS
2.1. THE DANISH BUS MARKET
2.1.1. GENERAL DESCRIPTION OF THE MARKET
2.1.2. FINANCIAL DIFFICULTIES OF COMBUS
2.1.3. THE 1999 AND 2001 RESTRUCTURING MEASURES
2.1.4. SUMMARY OF THE FINANCIAL SUPPORT OF THE DANISH STATE TO COMBUS
2.1.5. DEVELOPMENT OF ARRIVA/COMBUS AFTER THE PRIVATISATION
3. THE COMMISSION’S DOUBTS
4. COMMENTS FROM DENMARK AND INTERESTED PARTIES
4.1. REPLY OF THE DANISH GOVERNMENT
4.1.1. THE TERMINATION OF COMBUS’ PUBLIC SERVICE CONTRACTS
4.1.2. APPLICATION OF THE MARKET ECONOMY INVESTOR PRINCIPLE
4.1.3. COMPATIBILITY WITH THE 1999 RESTRUCTURING GUIDELINES
4.2. COMMENTS SUBMITTED BY DANSKE BUSVOGNMAEND
4.2.1. RESPECT OF THE MARKET ECONOMY INVESTOR PRINCIPLE
4.2.2. RESPECT OF THE 1999 RESTRUCTURING GUIDELINES
4.3. COMMENTS SUBMITTED BY ARRIVA
5. REPLY OF THE DANISH GOVERNMENT TO THE COMMENTS SUBMITTED BY DANSKE BUSVOGNMAEND AND ARRIVA
5.1. THE MARKET ECONOMY INVESTOR PRINCIPLE
5.2. RESTRUCTURING AID
6. LEGAL ASSESSMENT OF THE COMMISSION
6.1. ASSESSMENT OF THE EXISTENCE OF AID WITHIN THE MEANING OF ARTICLE 87(1) EC TREATY
6.1.1. PRELIMINARY QUESTION: DO THE 1999 AND THE 2001 MEASURES CONSTITUTE ONE SINGLE OR TWO SEPARATE MEASURES TO BE ASSESSED UNDER ARTICLE 87(1) EC TREATY?
6.1.2. STATE RESOURCES AND SPECIFICITY
6.1.3. EXISTENCE OF AN ADVANTAGE FOR THE BENEFICIARY UNDERTAKING
6.1.4. EFFECT ON INTRA-COMMUNITY TRADE AND COMPETITION
6.1.5. CONCLUSION: PRESENCE OF STATE AID
6.2. ASSESSMENT OF THE COMPATIBILITY OF THE AID WITH THE COMMON MARKET
6.2.1. COMPATIBILITY OF THE AID WITH THE COMMON MARKET
6.2.2. COMPATIBILITY OF THE 1999 AND/OR THE 2001 MEASURE BY VIRTUE OF REGULATION (EEC) No 1191/69
6.2.3. COMPATIBILITY OF THE 1999 MEASURE BY VIRTUE OF ARTICLE 87(3)(C) EC
6.2.4. COMPATIBILITY OF THE 2001 MEASURE BY VIRTUE OF ARTICLE 87(3)(C) EC
‘(c) Avoidance of undue distortions of competition
6.3. CONCLUSION: THE 1999 AND THE 2001 MEASURE CONSTITUTE INCOMPATIBLE STATE AID
7. RECOVERY
7.1. SHARE DEAL BETWEEN ARRIVA DENMARK A/S AND THE DANISH STATE
7.2. ASSET DEAL BETWEEN COMBUS AND ARRIVA SCANDINAVIA A/S
7.3. ASSET DEAL BETWEEN ARRIVA SCANDINAVIA A/S AND CONNEX
Article 1
Article 2
Article 3
Article 4
Article 5